NEC 3, Option A contract
Due to the corona virus, our works contractor is unable to source/ delay to materials from a foreign supplier for the project. Our contractor has stated that his tender was based on using this foreign supplier.
The works information does not state where the materials are to come from. Materials are however available from a different supplier/ country but at an increase in cost.
The Contract has a “force majeure” clause but only allows for time.
Please advise as to the following:-
The Contractor should proceed with the project using the alternative foreign supplier at his additional expense to avoid possible delay to the project and thus payment of delay damages (not a compensation event)
The Contractor should proceed with the project using their originally intended supplier. Works are possible delay (Compensation event but only time applicable as per force majeure clause).