01/2017 – Tagged on to the end of a Court exhibit is Appendix A to Annex 23 – a brief document setting out how to calculate the MAXIMUM a Third Party is to be charged, ‘no more than’:
‘x’ defined cost (£) + ‘y’ Third Party Claims Overhead (%) = maximum charge
In possession of the above calculation, to ascertain the MAXIMUM charge to a Third Party, you require:
- defined costs (£) and
- TP Claims Overhead (%);
confirmation of which has repeatedly been kept from us.
It is evident Appendix A of the contract has not been complied with since commencement 01/07/2014.
2017 – We made an FoIA request for AIW defined costs. HECL refused to release the information citing ‘commercial sensitivity’.
Concerns about non-compliance with Appendix A and evidence of gross overstatement raised with Colin Mathews, Chairman of HECL.
20/06/2017. Tim Reardon of HE writes:
Matters relating to the contract between Highways England and the service provider are for those parties alone and are nothing to do with you or your firm.
We believe this in incorrect, the contract relates to Third parties, for example:
Possibly this explains why our FoIA requests are treated dismissively?
21/06/2017 – We met with Sarah Green of HECL and explained our concerns; we presented evidence that HECL was paying a base rate of £23.71 / hour in Area 9 for an AIW yet Third Parties were paying £70.32 / hour. Appendix A was not being complied with, if it was:
defined cost (£23.71) + TP Claims Overhead (20.58%*) = maximum charge £28.59
*as yet, not evidenced and suspected of being exaggerated.
Subsequent Kier statements made in support of Court action taken in the name of Kier, do not display Appendix A to Annex 23.
Sarah Green emails Jim & Tim (HE) extract as follows:
I met with Mr Swift today and he does have valid points and raised a few points that are actually of some concern. (Kier quoting VRM’s for vehicles attending repairs which turn out to be VRM’s for a motorbike, a Mercedes convertible, a privately owner Ford Focus etc)
I have asked that he now only writes to me as I am the one trying to resolve the issues and that rather than have email war
22/06/2017 – Sarah Green phones and asks CMA if their Fraud unit should be appointed.
06/07/2017 – we wrote to Corclaim / Shakespeare Martineau solicitors regarding Appendix A.
27/07/2017 – Sarah Green of HECL states there were ‘gaps’ in the original audit (01/2016)
Grant Thornton were to be appointed to audit… but replaced by …
KPMG are appointed to audit Area 9. As at 08/2018 this has yet to be completed.
15/11/2017 – KPMG Overview of Concerns provided to Damian Byrne of KPMG. We spend almost an hour conveying facts.
CMA compile on-line repository of evidence to support allegations of systematic overstatement of claims by Kier, supported by Highways England.
15/11/2017 – Kier Plant Rates to HE
12/2017 – Audit summary to have been completed.
Mrs Green of HECL emails ‘The below threshold claims are the sole responsibility of Kier and they do no collect any information on behalf of Highways England hence this information cannot be obtain via an FOI request‘. But KHL do submit information to HECL – it is a contractual requirement.