In 07/2014 Kier Highways Ltd (KHL – then EM Highways) took on Area 9. It was described as problematic by Kier, a sham(bles). It was alleged their predecessor was deceitful in respect of works causing KHL to go ‘cap in hand’ to Highways England seeking payments for repairs the former contractor should have undertaken. Highways England apparently possess no information about these unusual(?) demands and payments made – we asked.
In Area 9, KHL charged drivers, fleets and insurers (Third Parties) more than in any other area. What KHL and Highways England did not disclose was that the contract contains a section providing ‘protection’ for Third Parties – KHL were to charge using a set process.
But what use is such a ‘shield’ if it is hidden away, buried and kept secret? Although Highways England placed the contract on-line, in the public domain, the relevant section was omitted. Furthermore, Highways England did not monitor or enforce the process – or if they did the action was half-hearted, ignored.
Despite an 01/2016 audit arising from our concerns, instigated by Highways England’s General Counsel, there was no mention of the ‘shield’ and in turn KHL’s failing to comply with same. The relevant section did not surface for about a year … and is still not complied with! To read more, click here