The Devil is in the Detail

19/03/2019 (X09C587) When on the A5 i.e. working, 2 AIW’s in their van were contacted about the incident in Area 9.  Why at this date and time is unknown. The times are displayed on their IMF (incident management form) as:

  • 16:30 responded
  • 18:15 attended i.e. almost 2 hours later, suggesting they were doing other things after 5pm
  • 19:05 they departed i.e. they were at the location for 50 minutes

No Daily Time Costing Sheets (timesheets) have been provided for the AIW’s – these are generally only supplied with claims over £10k presented to Highways England.

In this instance, not only is Kier issuing invoices using their post-10/2015 process, when they have apparently told their Public Authority masters (in whose name proceedings are issued) they will not do so, the attendance account does not stack up:

An image supplied by Kier evidencing the damage was taken 19/03/2019 @ 2:32 pm … this is 2 hours before they are said to have been made aware of the incident!

  • 14:32 – the AIW’s did not attend until 2 hours later according to the records!

The Daily Allocation Sheet (DAS) reinforces the later, 4:30pm attendance but indicates the vehicle was returned (to depot) at 8pm, not 8:30pm (above):

The DAS states the vehicle left the depot at 4:30pm (16:30 hrs) yet according to the AIW’s record, it/they were on the West-bound carriageway of the A5 at the time:

*VRM anomaly – see below.

The 50-minute attendance has seen a charge for 3.5 hours of £615.95 – to inspect minor barrier damage, whilst on patrol, a week after the incident:

As for the bill …

  • £65.75 / hour for an AIW’s (£23.19 / hour + 7.41% to HE)
  • £36.91 / hour for their vehicle (£13.20 / hour + 7.41% to HE – see below)

To this add another hour for the AIW’s apparently ‘planning’ the repair.  The total for planning adds another £484.81 – a cost that should not appear at all as Area 9 is subject to Appendix A to Annex 23 and ‘planning’ is incorporated in the Third Party Claims Overhead (TPCO) at ‘item d’.  But, despite our raising the issue 21/06/2017 in person with Highways England, they have still not ensured Kier Highways comply with the contractually agreed process.

If the contractually agreed process were adopted, the charges to a Third Party would be as follows:

Base Rate TPCO Total
AIW £23.19 £5.86 £29.05
AIW £23.19 £5.86 £29.05
vehicle £13.20 £3.34 £16.54
£59.58 £74.65

Whereas, a Third Party is charged £166.85 / hour.

The repair involved:

WP14XJF – Traffic Management @ £71.11 / hour.  To Highways England, this vehicle is £44.81 / hour + 7.41% uplift.

LX64OVH @ £56.46 / hour

It is of note that the barrier gang started 1/2 hour after TM and completed 1/2 hour before the TM concluded.  This agrees with our understanding TM is required to be put out to provide a ‘safety zone’ in which operatives can work.  Such differences are not always seen.

Whilst the AIW’s reported 1 beam and 2 posts needed replacing, Kier replaced 2 beams and charged insurers for both.


HX14KFN – AIW vehicle on the DAS appears to be a typo as the VRM is that of a 125cc motorcycle.  The IMF (above) indicates:

HX14XFN Mercedes-benz Sprinter 313 Cdi
First Registered27 Jun 2014

Former Keepers 0
Taxed – due 01 Jun 2020
MOT – expires 26 Jun 2020
Body Panel Van
Colour White
Fuel Heavy Oil

MoT 12 June 2019 @ 185,702 miles


X10C636 02/07/2018 Plant rates for comparison:

VRM Description Per hour
LX64OVG 18t Barrier Rig £40.81
LX64OVH 18t Barrier Rig £40.81
MXI0DHY 18t Barrier Rig £40.81
HX18XFJ I8T Combi TM with Cushion £44.81
HX18XGH I8T Combi TM with Cushion £44.81
WX12DFK 18T dedicated IPV £44.81
WV13GKA 18T TM truck sidewell with cushion £44.81
HX14VVT 18T TM truck sidewell with cushion £44.81
18T TM truck sidewell with cushion
WP14XJF 18T TM truck sidewell with cushion £44.81
HX15FWH 26T tipper and grab £33.16
YC18WCU 3.5T TM van £13.20
HJ65FHO 4×4 AL200 £19.98
YR14FNG General Works 3.5t Ford Transit D/Cab dropside Jon £13.20
GN63KJA General Works 7.5t Tipper £26.94
CK14TVA General Works Mitsubishi Canter 7.5t Tippers £26.94
BD14CXF Mercedes Sprinter Hi-roof Van (ISU Spec) AW Servi £13.20
HX14XFN Mercedes Sprinter Hi-roof Van (ISU Spec) AIW Servi £13.20
HX14XFS Mercedes Sprinter Hi-roof Van (ISIJ Spec) AW Servi £13.20
Mercedes Sprinter Hi-roof Van (ISU Spec) AIW Servi Mercedes Sprinter Hi-roof Van (ISU Spec) AIW Servi
VN14VKO Welfare Van 8 seatec Toilet and mess area Welfare Van 8 seater Toilet and mess area £17.87
VO14NNT Welfare Van 8 seatec Toilet and mess area Welfare Van 8 seater Toilet and mess area £17.87

17/07/2019 update – the subject has been raised on the WhatDoTheyKnow web site.

24/07/2019 – lawyers acting for Kier and Highways England in respect of the matter have yet to receive a response from Kier about the issues.