Frequently Asked Questions
As for materials not being available at all − as opposed to being more expensive to purchase – it is doubtful that would apply to most construction projects. If this was the case, it would have to be dealt with on an item-by-item basis rather than on a ‘broad brush’ approach. If the works information requires an item of plant and materials that can no longer be supplied at all because of the war, clause 60.1(19) could apply. In that case you as project manager should be managing that problem under clause 19.1 and looking into getting the works information changed to solve the problem. That change would, of course, be a compensation event in itself.
Finally, with regard to delays in receiving plant and materials, the contractor needs to show that delays could not be caught up no matter what measures it carried out. Only then will the contractor be able to show that this will stop it achieving completion.