200316 Highways England re Kier Exaggeration & Fraud

16/03/2020 From: Alex.Bingham @ highwaysengland.co.uk 
Sent: 16 March 2020 16:03
Subject: Your complaint concerning Kier Highways

I refer to your emailed complaints dated 25th and 28th February. These complaints concern the methodology used by Kier Highways to price unscheduled damage claims, and what you consider to be their failure to comply with the contract. You refer, in particular, to their failure to comply with Appendix A to Annex 23 of the Area 9 contract. This response is intended to cover both complaints given the similarity of the issues raised.

Please note that these provisions ( Appendix A, Annex 23) have been superseded and no longer apply. Kier Highways now price unscheduled damage claims using a fixed schedule of charges, derived from first principles using the Construction Industry Joint Council (CIJC) Working Rule Agreement and Civil Engineering Contractors Association (CECA) Schedules of Equipment Rates. These are both nationally recognised standards.

Kier Highways have our agreement to adopt this approach. The invoices they send will now be accompanied by a statement detailing the resources and associated rates which have been applied. Further details concerning these changes will shortly be provided by Kier Highways in their updated guide to insurers.

These changes do not affect any cases where legal proceedings have already been issued. These have been priced using the procedure set at Appendix A to Annex 23. This includes the cases before Cardiff County Court to which you refer.

On the basis of the above, we do not intend to take your complaints any further. Of course, should you wish to dispute liability or quantum in relation to any claim, you have recourse to the Courts.

We have handled your correspondence in accordance with the first stage of Highways England’s complaints process. For further details, please see here.

Regards,

Alex Bingham
Lawyer | Operations and Legislation Team | General Counsel’s Office
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | Surrey | GU1 4LZ
T: 0300 470 4416 M: 07707 649 965


From: Bingham, Alex <Alex.Bingham@highwaysengland.co.uk>
To: Philip Swift <pswift@cmaclaims.co.uk>
Subject: RE: Your complaint concerning Kier Highways

For the sake of clarity, please note that the comments below are in respect of below threshold claims. It remains the case, as previously advised, that there are no schedule of rates or charges for above threshold unscheduled damage repair claims.

I trust this clarifies the position.

Alex Bingham
Lawyer | Operations and Legislation Team | General Counsel’s Office

Highways England | Bridge House | 1 Walnut Tree Close | Guildford | Surrey | GU1 4LZ
T: 0300 470 4416 M: 07707 649 965
E: alex.bingham@highwaysengland.co.uk W: http://www.highwaysengland.co.uk

24/03/2020 Response to Highways England