Under ECC option D: Contractor purchased 2 units fuel tank from the supplier. Contractor pays 50% down payment. The supplier defaulted and Contractor learned that supplier cannot deliver the fuel tank, and the Contractor did not recover down payment.
Is it correct to dis allow the un-recovered down payment? which clause is more appropriate; clause 11.2(25) bullet 1) not justified, 2) not in accordance with his contract and 7 resources not to provide the works?