| Commentary

45 Possession and access

| Commentary

D: OBLIGATIONS OF THE EMPLOYER

1: THE SITE

45 Possession and access

Provision of the site by the employer1 is a condition precedent to the contractor’s obligation to commence work2, although a contractor who accepts late possession and starts work will be deemed to have waived the condition3. The contractor is regarded as having a contractual licence for the duration of the contract works, so that any interference by the employer with the contractor’s possession will be a breach of contract4. The physical area which the contractor is entitled to occupy depends upon the terms of the contract

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