Highways England Ignored (again)?

26/06/2019 Highways England wrote:

‘Kier have initially agreed to temporarily hold all new claims since January 2019 and to apply the National Schedule of Repair Costs to those claims.’

Source ‘Highways England does not hold schedules of individual service providers’ DCP Rates‘.

Really?

12/03/2019 Area 9 collision attended by Kier Highways (X09C587)

21/05/2019 – invoice issued.

The invoice is based upon a Cost Breakdown Document which does NOT convey the new methodology (24/06/2019) but the post-10/2015 process i.e. continued failure to comply with the 07/2014 contractually agreed procedure set out in Appendix A to Annex 23 i.e. exaggeration is associated with:

  • AIW rates @ £65.75 / hour & vehicle (HX14KFN) at £36.91 / hour
  • AIW ‘planning’ and no evidence to support this
  • Planning charges – addressed in the TPCO uplift percentage
  • No use of ‘defined costs’ i.e. base rates

Once again it appears Highways England say one thing to Kier Highways but the contractor (or their lawyers) do another – the tail wags the dog.  In late 2017 claims were said to have been on hold but the Authority was unable to control their contractor.

As for the provision of information, this too appears to be problematic for Highways England.  But if you pay upfront, before any reconciliation of invoices, there is little incentive for the contractor to review and respond … it appears this is unlikely to improve.

This could prove problematic for Highways England as their new AD contracts see them taking on more responsibility … 1,000’s more claims.  Take the above, a relatively minor incident; the damage to a barrier charged at about £3,000 (excessive given the nature of the incident).  But costs aside, what faith can be placed in the evidence supporting the claim? Click here for further information about this 2019 incident.

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