Highways England cannot disclose repair ‘base rates’ also known as ‘actual’ or ‘defined’ cost, as to do so would expose the extent of the overcharging for repairs of drivers, fleets, hauliers (or their insurers) they have enabled, permitted.
In turn, they cannot agree on the existence of a ‘pain/gain share‘ with their contractor as this requires a schedule of defined costs that would further demonstrate claims have been overstated, deceitful conduct has been permitted.
But, after years of us explaining to the Authority, Kier Highways, KPMG, the DfT, the National Audit Office, the PHSO and others that Kier Highways has been exaggerating claims, acting outside their authority, Highways England’s own witness has ‘confessed’.
Kier Highways and the Authority, assisted by ‘their’ lawyers Shakespeare Martineau, elected to issue proceedings against multiple insurers at Cardiff County Court. But they failed to get their story straight. the judgement explains at para. 36:
‘Furthermore, for the purposes of assessing the extent of Kier’s authority within Area 9 (Area 6/8) the court cannot ignore the evidence given on behalf of the claimant by Mr Cairns. In summary, on this issue his evidence was to the effect that the
costs calculated for the purposes of the claim did include uplifts for which he was unable to find authority within the contract.’
More detail about the conduct we exposed 5 years ago, can be read here.