Liquidated damages Prom

Summary

The requester asked for the daily liquidated damages amount for a construction contract, but the Department of Infrastructure refused to send the information directly because it was already reasonably accessible via a public Tynwald report.

Key Facts

• The request was received on 17 February 2020 and responded to on 18 February 2020.
• The authority cited Section 20 of the Freedom of Information Act 2015, stating the information is already reasonably accessible.
• The requested data is found on page 20 of the Environment and Infrastructure Policy Review Committee report.
• The Minister stated the penalty is £3,000 per day for late completion.
• The Minister stated the bonus is £2,500 for early completion.

Data Disclosed

• 17 February 2020
• 18 February 2020
• 1183451
• page 20
• £3,000
• £2,500

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information already reasonably accessible)

Original Request

What is the daily liquidated damages the Contractor will have to pay if the works are not completed by the completion date as set out in the Contract

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team/KP/MF Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 1183451 18 February 2020

Dear ###

We write further to your request which was received on 17 February 2020 and which states:

"What is the daily liquidated damages the Contractor will have to pay if the works are not completed by the completion date as set out in the Contract"

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available on page 20 of the Environment and Infrastructure Policy Review Committee via the Tynwald website, at the link below. While we would normally attach a copy of the report for ease of reference, the document exceeds the file size limits of our system. We have therefore pasted a short extract of the relevant section below the link. http://www.tynwald.org.im/business/pp/Reports/2019-PP-0119.pdf “Q3. The Chairman: Minister, we are conscious of time and we have got a lot of things to get through. Can you just outline for the record what those penalties are and what the awards are 65 you just mentioned? The Minister: Correct me if I am wrong – I believe it is £3,000 per day for penalty and £2,500 as a bonus if it is completed ahead of schedule.”

Please quote the reference number 1183451 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will

be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact us. Further information about freedom of information requests can be found at www.gov.im/foi. We will now close your request as of this date.

Yours sincerely

FOI Response Team