Our Ref:         FOI-0620-1819

Thank you for clarifying your request for information on 8 June 2018 asking for information about the LoHAC contracts relating to attendance and repairs following damage to property.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.

The LoHAC does not provide detailed billing information. The relevant clause concerning the contractor seeking recovery for repairs is Clause 2.24.3 which mentions the following, “the Contractor will be expected to supplement payment through the lump sum by recovering costs from the relevant 3rd party for his own benefit.”

Please see an extract of the contract below:

2.24 3rd Party Damage

2.24.1 Subject to the Employer selecting service 24 – 3rd Party Damage – reactive works – the Contractor shall permanently repair 3rd party damage to Employer assets within the Affected Property and be reimbursed through a lump sum where all of the following apply:

• the damage was not the result of a fatal accident;
• the damage was not caused by the Employer or anyone acting directly on his behalf; and
• the estimated cost of permanent repair is not more than £10,000 based on the contract Price List.

2.24.2 Clause 2.24.1 supersedes the value limits placed on reactive activities reimbursed as a lump sum detailed in clause 2.0.3.4.

2.24.3 In the above circumstances, the Contractor will be expected to supplement payment through the lump sum by recovering costs from the relevant 3rd party for his own benefit.

2.24.4 Where a response is required which falls outside of the scope of clause 2.24.1, then within the lump sum the Contractor shall provide the Employer with such information and photographs as may be required to facilitate recovery of costs by the Employer from the relevant 3rd party, their insurer, or the Motorists’ Insurance Bureau where the 3rd party was an uninsured driver. Repair of the 3rd party damage may then be instructed by the Employer as a Task.

2.24.5 3rd party damage includes, but is not limited to: damage caused to street furniture, etc by road users; spillages (including items falling from vehicles); theft and attempted theft; vandalism; fly posting and abandoned vehicles. 3rd party damage does not include normal wear and tear, graffiti or damage to footway paving. Permanent repair may involve clearing, cleaning, repairing or replacement on a like-for-like basis to restore the lifespan or safe performance of the asset.

If this is not the information you are looking for please feel free to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]