We (the Client) specified within the Scope, that the Contractor is to use a certain piece of machinery for a section of works. Tender response was returned by the Contractor, taking this requirement into consideration in regards to cost and programme.
However now the Contractor are reporting lead-time issues with obtaining the machinery e.g: 5 additional weeks. They have fortunately mitigated the programme impact with an alternative machinery (which is accepted by the Client deisgn team), however there is small increase in costs they are claiming.
Is this a valid CE by the Contractor? After review of 60.1 CE’s, they doesn’t seem to be one available for them. Plus if they continue with the original Scope required machinery, I presume they will be at fault for any delay of contract completion, hence DD can be applied.