Have you have received an invoice from Highways England or one of their contractors following a DCP (damage to Crown property) incident? Before making payment you need to obtain the documentation listed below. A lack of the following will demonstrate just how much is being withheld:
- Valuation summary
- Staff costs*
- Labour costs*
- Plant & Equipment costs*
- Material Costs*
- TM costs*
- Subcontractor costs*
- Disposal Costs*
- IMF – Incident Management Form – or similar; the 1st attendance record
- Summary of incident and continuity
- Photographs – stated to be ‘imperative’ by the Authority.
- original, uncompressed, emailed as attachments. We have encountered images that have been tampered with.
- Site supervision diary
- VRS components sheet – all vehicle restraint information.
- Temp’ VRS records
- DAS – daily allocation sheets
- All timesheets / daily time costing sheets (DTCS – Kier)
- TM Surveillance sheets/forms
- Works Completion Sheet
- Subcontractor records – to include the history of subcontractor involvement from requests to attendance
- Cement order / requisition & delivery records
- Police report – the contractor / HE should acquire this
- HATO/HETO attendance record and images
*Costs should be provided to you in original Excel spreadsheet format with the associated workbooks; the schedules of DCP rates used to populate the main record. We have encountered:
- withholding of such data
- what appears to be tampering with the spreadsheets and
- the Authority claiming records have been disposed of – read more here.
The Authority is aware:
Pre action protocols encourage an early exchange of information to avoid litigation and support the efficient management of proceedings. The court is unlikely to look favourably on a situation where by one party would not have brought the case to court had they been in possession of all the facts, but the other party saw fit to withhold certain facts. We must disclose any evidence, which either sustains or prejudices our case’**
** Extract from the Authority’s Green Claims Handling Manual (copy held by CMA)
Further information to consider:
- CCTV – the Authority will likely say they have destroyed it. But why did they dispose of this evidence? To read more about this and our request they retain the evidence – click here.
- Bridge / Parapet etc. these are ‘assets’ – you require the asset inspection
- Events at the location pre-incident – for the past 12 months is a reasonable period
- Events at a location between incident and repair
- When did the contractor take over the Area, what pre-commencement report is available about the location?
- Pay particular attention to the date of loss and date of repair – what is the gap? It is likely that the repair was undertaken with other works – in which case Highways England could well have paid the TM costs in the monthly lump sum or the TM should be shared between incidents
If you believe we have missed a document or information source, please feel free to email a copy here.
If you are experiencing difficulty obtaining information from the Authority, consider a FoIA request. A simple means by which to make such an approach and be alerted to responses (in accordance with the legislation time frame)is to register (for free) at:
An example of exaggeration can be found here.