Pain Gain Share “oh yes there is’ … ‘oh no there isn’t”

A ‘pain/gain share’ contract involves a risk and reward compensation regime; the parties (Highways England and their contractor) share in the financial “gain” of a project’s success or the financial “pain” of a project’s underachievement.  Both parties to the contract therefore have a shared interest in the project’s success – both have a financial incentive for a project to reach defined goals.

1. And so it was for the ASC (Asset Support Contract), or so Highways England told us.  If the contractor surpassed a threshold when recovering monies from Third Parties (drivers, fleets, haulier or their insurers) who caused damage to Crown property (DCP), the contractor would have their monthly lump-sum payment reduced.

The Authority explained the above in a FoIA response adding that no contractor had ever achieved this.  Really? How on earth could Kier Highways not have exceeded the threshold given their exaggeration and fraudulent processes, their profiteering?

An answer … supply the Highways England with incorrect information about claim costs and recoveries. Having identified this conduct, we alerted Highways England whose response was …

2. Sorry, our mistake, there is no pain/gain share.

3. But then, before an Information Tribunal, the Authority changed their mind again – there is a pain/gain share. We asked for more information about this.  the response …

4. There is no pain/gain share … you are vexatious!

We are vexatious? It is questionable what can be believed emanating from the Authority who appear to have a disregard for the Freedom of Information Act and fact.  Read more here.


Punch and Judy is a traditional puppet show featuring Mr. Punch and his wife Judy. The performance consists of short scenes, the interaction typically between Mr. Punch and another who usually falls victim to Punch’s slapstick*.

*comedy based on deliberately clumsy actions and humorously embarrassing events

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