Our Ref:         FOI-3323-1819

Thank you for your request received on 5 March 2019 asking for information about third party claims costs from Kier Highways.

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 do hold the information you require. You asked:

What are defined costs and how are they calculated?

Defined Cost and its calculation is described as follows within the contract, ‘the cost of the components in the Shorter Schedule of Cost Components attached at Schedule 16 of the Framework Agreement whether work is subcontracted or not excluding the cost of preparing quotations for compensation events.’

What rates do Kier charge you for over £10k claims

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

Please refer to the Decision Notice issued by the Information Commissioner’s Office regarding the use of this exemption on requests for this information:

https://ico.org.uk/media/action-weve-taken/decision-notices/2018/2258452/fs50693918.pdf

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]