27/03/2019: from Tim Reardon, Highways England’s General Council, emailed :
This is incorrect.
26/06/2019: Highways England emailed :
‘Kier have initially agreed to temporarily hold all new claims since January 2019 and to apply the National Schedule of Repair Costs to those claims.’
Yet we have been presented a 21/05/2019 invoice for a 12/03/2019 Area 9 incident using the 10/2015 process (X09C587).
- As of 07/2014 Kier should have been applying Appendix A to Annex 23. They have not complied with the contract to this day.
- In 2017, HE asked their lawyers, Shakespeare Martineau, not to issue proceedings (taken in the name of the Authority). They were ignored.
- 2019, Kier seemingly agreed to issue no invoices under the old process. They have done so but have invoiced other than in accordance with Appendix A to Annex 23.
Reports of damage to ‘street furniture’ such as barriers are generally made promptly, with same-day attendance by Highways England contractors. Not so in this case …
- 12/03/2019 the incident occurred
- 19/03/2019 a week later, Kier attended upon the damage:
- 21/05/2019 Kier issued their invoice using their contract non-compliant process
There are further concerns – anomalies arise from a simple VRM irregularity to an image taken 2 hours before the AIW’s arrive. Then there are the customary charges for ‘planning’# that are met by the uplift (25.29%) applied i.e.e duplication and Kier’s standard failure to comply with the contractually agreed process, an equation that is to produce the ‘maximum’ a Third Party is to be charged. This claim is one of likely 15,000+ invoices raised since 2014 that sees contract non-compliance. To read more, click here