Freedom of Information Request for provision/publication of the Redacted Version of the Contract documents between Hochtief (UK) Construction Ltd and Transport for London regarding the works concerned with the A127 Ardleigh Green Road over Rail Bridge scheme. Under the Freedom of Information Act I am requesting a redacted copy of contract documentation between Hochtief (UK) Construction Ltd and Transport for London with regard to the replacement of Ardleigh Green Bridge with the original contract being dated approximately March 2015. I have been unable to find copies of these documents freely available online nor are they published on “contracts finder”. The required documents are: • Copy of the original Agreement (dated approximately March 2015). • Variations/Change Notices. • Subsequent revised Contract to amend the arrangement for completion of works to Ardleigh Green Bridge dated approximately December 2019.

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Our ref: FOI-0071-2021/GH

Thank you for your request received by Transport for London (TfL) on 15 April 2020 asking for a copy of contract documentation between Hochtief (UK) Construction Ltd and Transport for London with regard to the replacement of Ardleigh Green Bridge.

Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy.

I can confirm that we do hold the information you require. However, we are not obliged to provide you with this documentation as it is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests, as well as those of Hochtief. The information contained in the documents was provided under a duty of confidence, and disclosure would be detrimental to both parties’ commercial interests. The relationship between Hochtief and TfL would be adversely impacted if confidential and commercially sensitive information is disclosed.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that we are able to protect our commercial interests outweighs the general public interest in increasing transparency of our processes.

The Government has announced a series of measures to tackle the Coronavirus. It is essential for London, and in particular for all critical workers, that we continue to provide a safe transport network that enables them to make the journeys they need to.

In current circumstances, we are not able to answer FOI requests readily and we ask that you please do not make a request to us at present.

Answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. In any event, please note that our response time will be affected by the current situation.

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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