The normal construction sequence for the construction of gullies is to place the gully and risers up to cover level with the cover being adjusted to suit the final road surface level. On this particular (NEC3 Option B) project, to ensure full compaction of the road surface layers the Subcontractor were not allowed to construct the gully to full height, instead the Subcontractor were required to construct to the underside of tar level then after the tar has been placed return to break out the layers of tar and build up the gully to underside of cover level and place the cover.
The Subcontractor will issue a CE to seek to recover the cost of breaking the tar and raising the gully to the final level. an operation that the Subcontractor did not allow for within their tender.
Which clause should the Subcontractor quote to recover the costs associated?