My freedom of information request is seeking a redacted version of any Crossrail Paddington station and Crossrail Bond St station supplementary agreements to their contracts as well as an extract of the NEC clause 60.1 provisions of the original contracts. If this is not permitted I would like to know the number of NEC clause 60.1 compensation events available under the original contracts and what (if any) were removed or new ones introduced by supplementary agreements. I would also like the date of these supplementary agreements.

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TfL Ref: 0795-1920

Thank you for your request received by us on 18 June 2019 asking for a redacted version of any Crossrail Paddington or Bond Street Station Supplementary Agreements to their contracts and an extract of the NEC clause 60.1 provisions of the original contracts.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require. You asked for:

a redacted version of any Crossrail Paddington station and Crossrail Bond St station supplementary agreements to their contracts

In accordance with the FOI Act, the Supplementary Agreements have been withheld as they are subject to a statutory exemption to the right of access to information under section 43(2). We are also withholding our Supplementary Agreements under this exemption.
In this instance the exemption has been applied as disclosure of the requested Supplementary Agreements would be likely to prejudice our commercial interests. Disclosing financial contractual agreements would be likely to prejudice our commercial interests as it would be likely to adversely affect the revenue we obtain through our future negotiations with commercial partners. 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 there is the use of public assets, but in this instance the public interest in ensuring that we are able to obtain the best value from public assets, outweighs the general public interest in increasing transparency of our processes.
as well as an extract of the NEC clause 60.1 provisions of the original contracts.

Please find attached a copy of the requested Clause 60.1 of the Main Civils Contract for Bond Street and Paddington Crossrail stations provided in full. The information redacted does not relate to the request made.

If this is not permitted I would like to know the number of NEC clause 60.1 compensation events available under the original contracts and what (if any) were removed or new ones introduced by supplementary agreements.

The number of compensation events available in the original contracts can be seen in the attached Clause 60.1, document.

I would also like the date of these supplementary agreements.

No change has been made to clause 60.1 in contract C405. However, a list of seven major change events have been included in connection with the revised commercial arrangements in a Supplemental Agreement dated 14 February 2019.

Furthermore, no change has been made to clause 60.1 in contract C412.

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely

Jasmine Howard
FOI Case Officer
Information Governance
Transport For London

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