I was hoping for some information regarding the Bond Street Station Main Works and underlying contract (Crossrail contract reference C412) with the primary contractor. More specifically, I was hoping to learn the following: • What was the initial target price/budget for the works? • By how much has the works gone over budget to date? and what is the current forecast for total cost to completion. • How is this overspend being split between Crossrail/TFl and the Contractor? I would like to have a copy of the initial contract that was signed between Crossrail and the primary

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Our Ref:         FOI-2100-1920

Thank you for your request received on 14 October 2019 asking for information about the Crossrail related works at Bond Street Station.

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

•         What was the initial target price/budget for the works?
•         By how much has the works gone over budget to date?

Please see the requested figures below regarding Bond Street:

Target cost at award                                    £126m
Cost at January 2015                                  £182m
Cost at December 2018                              £412m
Cost increase award to Dec 2018             £286m - % increase 227%

This information is included in the Completing Crossrail National Audit Office Report:

https://www.nao.org.uk/wp-content/uploads/2019/05/Completing-Crossrail.pdf

·         And what is the current forecast for total cost to completion.

In accordance with the FOI Act, we are not obliged to supply this information as it is subject to a statutory exemption to the right of access to information under section 43(2).

The current cost information you have requested is commercially sensitive; its disclosure would be likely to prejudice our commercial interests in relation to the live contract with the contractor, Costain Skanska joint venture (CSJV).

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 but in this instance the public interest in ensuring that Crossrail/TfL are able to obtain the best value for public money outweighs the general public interest in increasing transparency of this particular aspect of our contractor relationships.

·         How is this overspend being split between Crossrail/TfL and the Contractor?

Pursuant to the contract, assessment (by the Project Manager) of any share payable by CSJV does not take place until completion of the whole of the works at the earliest.

·         I would like to have a copy of the initial contract that was signed between Crossrail and the primary contractor that is completing the works at Bond Street.

Please see the attached contract. Please note we have provided the front end terms and conditions and not all of the works information as this runs to thousands of pages.

As above, in accordance with the FOI Act, we are not obliged to supply some of the pricing information contained within the contract 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 be likely to prejudice our commercial interests, as well as those of the companies concerned. Disclosing this information would be prejudicial to the contractors’ ability to compete for tendering opportunities with TfL and other companies in the future, as their competitive edge would inevitably be prejudiced by disclosure of a detailed breakdown of their price.

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 but in this instance the public interest in ensuring that Crossrail/TfL are able to obtain the best value for public money outweighs the general public interest in increasing transparency of this particular aspect of our contractor relationships.

In addition, in accordance with our obligations under Data Protection legislation some information has been withheld from the attached correspondence, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the General Data Protection Regulation which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.

This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

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

Yours sincerely

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

[email protected]

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