Clause 18.1 is as follows:
The Contractor notifies the Project Manager as soon as he considers that the Works Information requires him to do anything which is illegal or impossible. If the Project Manager agrees, he gives an instruction to change the Works Information.
My question relates to the definition of “impossible”.
If a specialist sub-contractor using his own bespoke equipment goes into administration before his element of the works are complete, does this mean that the Works Information requires the Contractor to do something that has become impossible as a result?
No I would not say that is impossible as the Contractor could get someone else to do the work and finish the works. It may well cost them more money, and under option A that would be their risk under option C it would be shared. The only way it would be impossible is if that specialist is the only one who could make the bespoke material. In that eventuality the PM would have to instruct what the Contractor should do at that point in time.
Impossible requirements are things that are literally not possible - e.g. you can’t procure material that is no longer available, it is impossible to install new kit without removing the old etc. It should be a relatively simple test as to whether it fits “impossible” or not.