If a Contractor is instructed to carry out additional works due to a change in the Works Information under clause 60.1.1 and at the point of notification the works have already come to pass i.e. they are to be priced on the actual defined cost incurred; however during the works covered under the additional instruction the Contractor has damaged a part of the works which was underground but knew was there, can they then put this in as defined cost due to the event?
I cannot seem to see a reason to be able to disallow this cost as I do not believe it falls under any of the items of disallowed costs, the remedial works to fix this are not large so I would not suspect them to be recovered through insurance either. However, I do find it strange that there is no obvious mechanism to be able to not allow for a uplift in the Prices due to damage caused by the Contractor as for example defects are paid for under Defined Cost but do not constitute a uplift in the target.
This is an Option C contract.