Certified Professional Public Buyer (CPPB) Practice Test

What is the best response for a buyer facing a delivery delay due to a shipping company strike?

1. Demand the contractor ship more books with a different carrier

2. Declare the delay unforeseeable and allow additional time for delivery

3. Declare the delay as grounds for default

4. Refer to tort law and procedures in her jurisdiction

The correct answer is: Declare the delay unforeseeable and allow additional time for delivery

The best response for a buyer facing a delivery delay due to a shipping company strike is to declare the delay unforeseeable and allow additional time for delivery. This response acknowledges that the shipping company's strike is an external factor beyond the contractor's control, which can be categorized as a force majeure event. Such events can legally excuse a party from performing their obligations within the agreed timeframe without penalty. In many contracts, force majeure clauses specifically outline how both parties should handle situations involving delays caused by unforeseen circumstances. By allowing additional time for delivery, the buyer maintains a good relationship with the contractor and supports project continuity while navigating unexpected challenges. This approach can also reduce potential conflict and legal implications that may arise from actions like demanding the contractor to find alternative shipping options or declaring grounds for default. For instance, compelling the contractor to use a different carrier may not only be impractical given the circumstances but could lead to further delays and complications if the new carrier is also affected by the same strike. In summary, acknowledging the delay as unforeseeable and permitting additional time demonstrates a fair and constructive resolution to the situation, fostering cooperation instead of confrontation.