‘Avoiding potholes: How to minimise risk when outsourcing highway liabilities’, was published in May 2014 and reported on an investigation by RMP into the significant problems being experienced by some authorities in relation to the transfer of liability for highway claims to their outsourced contractor. In a number of cases these authorities are now involved in time-consuming and costly legal disputes.
The report set out the key lessons and best practice recommendations gleaned from a review of several case histories and interviews with representatives from highway authorities and also a major outsourced service contractor.
The initial investigation and report revealed that there is a real need for clear guidance on the development of a protocol to sit alongside the contract documents to address in detail issues of:
- third party claims handling
- information sharing
- data ownership
- legacy arrangements
- dispute resolution activities.
RMP took the lead and formed a working group tasked with developing the guidance so clearly needed.
The working group established included representatives from several highway authorities, an outsourced contract service provider, claims handlers and public sector insurers and solicitors. The breadth and depth of the knowledge and experience of this group has ensured the credibility of the guidance produced and also ensures that the concerns and interests of all relevant parties have been considered. For a full list of those who contributed to the work of the group please see full downloadable resource.
The following checklists are available in the full resource:
- Pre contract – best practice
- Contract delivery – best practice
- Post contract – best practice
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