The employer must give the contractor possession of the site on the agreed date or, if no date is specified, within a reasonable time1. The provision of the site is a condition precedent to the contractor's obligation to carry out the work2. If, however, the contractor starts work at a later date than that agreed, because of delay on the part of the employer, he is deemed to have waived his right to treat the occupation of the site as a condition precedent or to have affirmed the contract; he is then confined to a remedy in damages3. Where
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