Dear TfL I would like to know: 1 when the construction work commenced 2 the completion date for the construction of the lift as set out in the contract between the contractor and TfL 3 the current estimated completion date for the lift. 4 what penalties does the contractor incur if it does not complete the works to the agreed schedule. Or if you are unable to answer this point can you please confirm if there are any contractual penalties for delay in completion. I am interested in the above information as a local resident since the 1970s and a regular user of your train service from Amersham. Many thanks

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Our ref: FOI-1341-1920

Thank you for your request received by Transport for London (TfL) on 5 August 2019 asking for information about Amersham station.

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.

1 when the construction work commenced

Construction commenced at Amersham in December 2018, when the site compound was installed and the work areas taken on the platforms. Prior to this we undertook various surveys.

2 the completion date for the construction of the lift as set out in the contract between the contractor and TfL

We are not obliged to provide you with this information 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 our contractors. Making contractual completion dates publicly available will mean that the significant number of suppliers delivering goods and services to our contractor will be privy to a date upon with a financial penalty may become payable.  Such information could be used to considerable commercial advantage by any of these suppliers in order to negotiate or leverage preferential rates for goods and services.  In such a set of circumstances where TfL had chosen to make such information available it would be reasonable for our contractor to attempt to recover their additional costs from TfL.  We therefore consider this information within the contract to be commercially sensitive.  This information can be made available once the final account has been settled with our contractor. 

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 obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

3 the current estimated completion date for the lift.

The published opening date for Amersham step free access is Spring 2020, which is still the estimated completion date.

4 what penalties does the contractor incur if it does not complete the works to the agreed schedule. Or if you are unable to answer this point can you please confirm if there are any contractual penalties for delay in completion.

We are not obliged to provide you with this information 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 our contractors. We can confirm that the contract does provide for the application of liquidated damages for non-performance.  However, the level at which those damages are set is subject to negotiation on each individual contract and releasing this information would compromise TfL’s position in the negotiation of future contract terms.

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 obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

If this is not the information you are looking for please do not hesitate to contact me.

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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