Janets Corner phase 4&5

Summary

A Freedom of Information request regarding the Janets Corner phase 4&5 housing project was partially fulfilled by the Department of Infrastructure, disclosing specific costs and adjudication outcomes while refusing to provide staff costs due to lack of records.

Key Facts

• The department engaged a new contractor to complete outstanding works at a cost of £37,320.80 plus £3,300.00 in professional fees.
• An adjudication decision on 1 October 2014 ruled the department's termination of Parkinson's employment was wrongful and a repudiation of the contract.
• The department does not record staff costs for in-house design work or adjudication processes.
• Insurers were notified on 10 September 2014 that four dwellings at 17 to 20 Bromet Road were complete.
• Total costs for the adjudication included an adjudicator's fee of £5,673.28 and professional/legal services of £12,210.00.

Data Disclosed

• £37,320.80
• £3,300.00
• £5,673.28
• £12,210.00
• 1 October 2014
• 10 September 2014
• 17 to 20 Bromet Road
• 2017-04-11
• 2017-04-28

Exemptions Cited

• Section 11(3)(a) of the Act (practical refusal): The department does not hold or cannot find specific information regarding staff costs.

Data Tables (1)

Full Response Text

page 2 of 3 1. The Director of Housing.

1. The Recommendation was based on a review of all relevant factors including the Project Architect’s assessment of the works.

2. The department engaged another contractor to complete the outstanding work. The cost of these works was £37,320.80 (contractor). Additional professional fees of £3,300.00 were also paid to complete the works. The design work was in-house and the department does not record staff costs associated with individual works.

Under sections 11(3)(a) of the Act (practical refusal), in this instance the department does not hold or cannot, after taking reasonable steps to do so, find any specific information to answer your question.

1. The costs comprise:

a) the Adjudicator’s fee of £5,673.28;

b) professional/legal advisory services totalling £12,210.00.

All other work was carried out in-house and the department does not record staff costs associated with this Adjudication.

Under sections 11(3)(a) of the Act (practical refusal), in this instance the department does not hold or cannot, after taking reasonable steps to do so, find any specific information to answer your question.

1. The Adjudicator’s Decision was given on 1 October 2014 as follows:

a) The determination by ‘the department’ of ‘Parkinson’s’ employment under the Contract was wrongful and was a repudiation of the Contract;

b) ‘Parkinson’ is not entitled to any further or other relief in respect of the dispute or difference, which has been referred to in the adjudication;

c) The financial effect to the department was to pay the costs of the adjudicator - £5,673.28.

1. The department notified its insurers on 10th September 2014 that the four dwellings at 17 to 20 Bromet Road were complete.

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 to foi.doi@gov.im or by delivery/post to Mr Ian Harris, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at https://www.gov.im/about-the-government/freedom-of-information/

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;

page 3 of 3 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; 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 rights to review is on the Information Commissioner’s website at: www.inforights.im/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at https://www.gov.im/about-the-government/freedom-of-information/