Executive Snapshot

In this case study, we explore how one project team successfully navigated the complex process of negotiating site access with a real estate developer. Faced with tight installation timelines, legal ambiguity, and developer hesitation, the team implemented a structured access agreement, technical coordination plan, and risk-sharing mechanism. The result: timely site access, zero disputes, and full project delivery.

Background: New Infrastructure in a Shared Development

A regional energy company was awarded a contract to deploy EV charging infrastructure in a premium real estate complex located in a busy mixed-use zone of a Gulf country.

While the main infrastructure contract had been executed with the public authority, negotiating site access to the physical site was contingent on approval by the private real estate developer managing the property.

The client’s technical team needed to:

• Access the underground utility area for cable routing
• Install power equipment in coordination with ongoing retail fit-outs
• Meet a government-mandated deadline for commissioning

Despite project urgency, the client had no formal access rights yet. The developer, managing multiple contractors and tenant deliveries, was cautious about granting physical access before lease execution. This created an operational bottleneck, which required negotiating site access to ensure the client could proceed with the project as planned while meeting the necessary deadlines.

The Problem: Delays, Liability Risks, and Stakeholder Mistrust in Negotiating Site Access

The central issue was the lack of site access authorization in writing. The client needed to begin early works on the site. But:

• The lease was still under negotiation
• There was no clause guaranteeing phased access
• The developer feared exposure to liability and insurance risk
• The construction manager flagged coordination conflicts with other works

In short, without an agreement, access was denied. The consequences were serious:

• Missed project deadlines
• Potential loss of public funding
• Escalation of tensions with the developer

Negotiating site access with a real estate developer is never simple — and in this case, multiple legal, operational, and reputational factors were in play. This situation highlighted the critical importance of negotiating site access to ensure the project could move forward, avoid delays, and mitigate risks.

The Strategy: How We Negotiated Site Access With a Real Estate Developer

Here’s how the legal and project teams worked together to reach a resolution.

Reviewing the Contract Trail

We first analyzed:

• Draft lease agreements
• Infrastructure development MOU
• Local access regulations and zoning restrictions

We discovered:

• No existing provision allowing temporary access for infrastructure setup
• Developer had complete discretion to deny entry before lease signing
• But the original MOU mentioned “good faith facilitation of delivery timelines” — a useful negotiation point

This review shaped our legal and diplomatic strategy.

Building Developer Trust With a Technical Plan

Rather than pushing for access outright, we:

• Proposed a phased work schedule
• Defined the exact equipment zones
• Offered to submit safety and risk assessments
• Provided proof of third-party insurance coverage

This approach, aimed at negotiating site access, showed the developer that the client was prepared, compliant, and respectful of the site environment.

We also emphasized:

• Daily coordination with the developer’s site engineer
• Work execution outside of peak retail delivery hours
• No interference with tenant areas

This practical proposal reframed the request as low-risk and well managed.

Drafting a Temporary Site Access Agreement

To legally protect both parties, we drafted a Temporary Site Access Agreement (TSAA) with:

• Defined access dates and working hours
• Safety compliance obligations
• Clear indemnity clauses
• Termination rights if coordination fails
• Explicit language that this agreement does not constitute lease commencement

The TSAA was reviewed by both legal teams and signed within two weeks. This agreement became the foundation for safe and structured collaboration.

Aligning With Public Sector and Local Officials

Given the public infrastructure nature of the EV installation, we requested a letter of support from the municipal energy department. The letter:

• Confirmed the public interest of the installation
• Encouraged coordination by all parties
• Acknowledged the project’s alignment with national sustainability goals

This helped soften the developer’s resistance, reframing the project as one with official backing — not just a private initiative.

The Outcome: Timely Access, Zero Disputes

Thanks to these steps:

• Negotiating site access was successful, granting site access for 28 days under controlled conditions
• All works were completed within the approved timeframe
• The EV infrastructure was fully commissioned ahead of the government funding deadline
• No insurance incidents or coordination clashes occurred
• The developer agreed to append a utility coordination clause in the final lease

The project met its deadlines, avoided legal friction, and strengthened the relationship between developer and tenant.

Key Takeaways: What Worked

Here are three lessons learned from negotiating site access with a real estate developer:

✅ 1. Legal Rights Must Be Written and Specific

Do not assume informal access rights. Clarify and document who has access, when, for what purpose, and under what conditions.

✅ 2. Pair Legal Agreements With Operational Planning

Access is not just about law — it’s about trust. Your safety plans, communication rhythm, and scheduling sensitivity matter just as much as your indemnity clause.

✅ 3. Show Public Value Where Possible

If your project has social or infrastructure relevance, leverage it. Government support letters or sustainability alignment can influence hesitant developers.

Final Thoughts: Collaboration Over Confrontation

This case highlights that negotiating site access with a real estate developer isn’t a checkbox — it’s a process. Legal rights, operational plans, and stakeholder relationships all intersect.

Whether you’re deploying EV infrastructure, solar systems, fiber optic lines, or tenant fit-outs, the success of your project often depends on early, proactive coordination — not last-minute demands.

And most of all, the key to success was not conflict — it was credibility.

Call to Action

Are you facing delays or access issues with a property developer?

📌 Download our Site Access Agreement Template for Infrastructure Teams
📌 Book a consultation to review your project risk areas
📌 Or read our guide: Legal Terms That Affect Site Coordination in Mixed-Use Developments