Contractor uses alternative product which is cheaper. PM accepts revised activity schedule however when it product arrives on site PM says it needs to meet original requirements, Is the Contractor allowed CE?
The Works Information prepared by the Employer specifies a lift with a required performance but the Contractor can buy an alternative lift at much lower cost. He had therefore included reference to this alternative in his revised Activity Schedule, which was accepted by the Project Manager. The Project Manager notices the arrival to Site of the alternative lift and instructs the Contractor to comply with the requirements of the contract. The Contractor notifies a compensation event as he will now incur significant additional cost and delay.
Is the contractor entitled to CE?