We are the contractor on an NEC3 Engineering and Construction Contract (ECC) Option C (target contract with activity schedule). The project manager says under the contract we must reinstate dilapidated properties outside the site boundaries that have been disturbed by the works. The works information states, ‘the contractor is required to reinstate all areas disturbed by the works’. Surely our works are limited to that which is within the site boundaries?
The ‘Working Areas’ include any area that is necessary to provide the works clause 11.2(18). ‘Provide the Works’ is widely defined (see clause 11.2(13)). This would cover all areas you have disturbed outside the site. The employer must arrange access to these areas for you to carry out the work.