FI17158
Request
This is a request for recorded information under section 1(1) of the Freedom of Information Act 2000 and, where any requested information is environmental information, the Environmental Information Regulations 2004. It is limited to information held by Dover District Council at the date of request; I do not ask you to create new information or obtain new information from Mears.
I am seeking information relating to Responsive maintenance and void works contract for council homes, term 1 April 2025 to 31 March 2030. The focus is the administration of any indexation/fluctuation clause and the associated subcontractor payment, prompt-payment or payment-performance requirements. This request is confined to the named contract(s), the review/search window and the document types listed below; it makes no allegation of wrongdoing.
The public interest in disclosure lies in transparency over public-money contract management, fair payment through public construction/housing/accommodation supply chains and continuity of statutory services. If you consider section 43 commercial interests, section 41 confidentiality or any equivalent exception/exemption, please disclose non-exempt material with redactions rather than refusing whole documents; I do not require commercially sensitive rates, bidder pricing methodologies, bank details, personal data or names of junior staff/subcontractor employees.
Mears definition: Mears Group plc; Mears Limited; Mears Ltd; Mears PLC/plc; Mears Scotland LLP; Mears Housing Management; Mears Home Improvement; and any Mears-controlled subsidiary, SPV, joint venture, framework supplier or delivery entity used on the named contract.
Named contract(s):
- Responsive maintenance and void works for council homes, contract term 1 April 2025 to 31 March 2030, public records showing headline value around GBP 22.5m to GBP 26.85m.
Review/search window: 1 February 2026 to 31 May 2026, as a targeted window around the April 2026 first contract-anniversary/indexation point. If the signed contract uses a different 2026 review date, use only the 90-day window centred on that review date and state the window used.
Please answer each numbered question separately. If you withhold or refuse any one item, please still answer the remaining items.
1. Please confirm whether the signed head contract, framework call-off, mobilisation agreement or equivalent contract document with Mears contains an indexation, fluctuation, price-review, inflation/uplift or similar clause. If yes, please state the clause/schedule number, the index or formula referenced (for example RPI, CPI, CPIH, BCIS, labour/materials index or other), the frequency of review, and whether the wording requires, permits or is silent on passing any uplift to subcontractors or delivery partners.
2. Please provide the held clause text/extracts from the signed head contract/call-off and relevant schedules that govern: (a) indexation/fluctuation/uplift; (b) payment terms; (c) subcontractor or supply-chain payment obligations; and (d) any prompt-payment, Fair Payment Charter, Construction Supply Chain Payment Charter, Payment Spot Check or equivalent wording. Clause extracts are sufficient; I do not request full pricing schedules or commercially sensitive rate build-ups.
3. For the latest indexation/fluctuation/price-review point falling within the review/search window, please provide the held record that approved, rejected, calculated or recorded the Mears uplift/fluctuation. This may be a contract change notice, compensation event, price adjustment schedule, indexation calculation, approval note, contract-review minute, delegated decision note or equivalent. If no uplift was applied and that decision is recorded, please provide the held record showing that decision.
4. Please provide correspondence or meeting records in the review/search window between the authority's contract/commercial team and Mears that specifically contains one or more of these terms or topics: "indexation", "fluctuation", "uplift", "RPI", "CPI", "CPIH", "BCIS", "inflation", "subcontractor payment", "sub-contractor payment", "supplier payment", "prompt payment", "late payment", "payment performance", "PPN 021", "spot check", "pay less notice" or "dispute". To control cost, please search only the contract-management/commercial file and the mailbox/files of the current contract manager or equivalent contract-management team; I do not request all-staff mailbox searches.
5. Please provide payment-performance records held for the named Mears contract for the latest complete reporting quarter within the review/search window, including KPI reports, prompt-payment returns, supplier-payment dashboards, payment spot-check outcomes, Fair Payment Charter / Construction Supply Chain Payment Charter compliance records, or contract-review papers that discuss payment within the supply chain. If held only as a summary or dashboard, please provide that summary/dashboard.
6. Please provide entries from any complaints, disputes, contract-issue, risk, audit or escalation log in the review/search window that concern subcontractor non-payment, late payment, disputed valuation, failure to pass on indexation/fluctuation/uplift, or alleged underpayment under the named Mears contract. I request log entries or summary records only, with personal data redacted; I do not request individual claim files, third-party invoices or commercially sensitive subcontractor pricing.
7. Please state whether the authority has conducted, requested or received any payment spot check, supply-chain payment audit, payment-performance assurance review or equivalent audit for the named Mears contract during the review/search window. If yes, please provide the outcome/summary and any remedial-action record; if no, please simply state that no such recorded information is held.
If any requested document or dataset is already published, please provide the direct URL and identify which numbered question it answers.
Response
1. MH 10.07.2026: Fluctuation is applicable in accordance with clause 12.3. The Index applied is the Consumer Price Index ('CPI') as stated in Section 1 - Pricing Framework and the dates as at which the Schedule of Rates is to be revised are September immediately preceding each fluctuation date with the Contractor's tendered percentages being fixed for one year from the date of Commencement of the Contract.
Additionally, the Schedule of Employer's standard amendments contains the following:
Derived Rates - clause 5.5 shall be deleted and replaced by the following new clause 5.5:
5.5.1 Where the rates or prices in the Schedule of Rates do not apply or where there is no applicable all-in labour rate in the Schedule of Hourly Rates as the case may be, the value shall be decided by the Contract Administrator and shall be based upon such rates or prices as may fairly be deducted therefrom, rates and prices deducted from the Schedule of Rates being subject to adjustment by the Adjustment Percentage.
5.5.2 If it is not practicable or would not be fair and reasonable to apply the rates or prices in the Schedule of Rates or Schedule of Hourly charges or to deduce rates or prices therefrom the value shall be ascertained on a fair and reasonable basis by the Contract Administrator after consultation with the Contractor.
2. MH 10.07.2026: Standard JCT MTC 2016 clauses being used when it comes to the above albeit, please see the amendments referred to in para. 1 above.
Additionally, please note the responsibility for Sub-Contractors in the preliminaries as follows:
"4.14 - the Contractor shall be responsible for the observance of the term, provisions and conditions of clauses in the Contract by the Sub-Contractors employed by the Contractor in the execution of this Contract and shall notify the Contract Administrator of the names and addresses of all such Sub-Contractors. Without prejudice to the generality of the foregoing the Contractor shall impose and enforce like requirements on every Sub-Contractor engaged by him in or about the execution of the Contract works. (...)"
3. Meeting minute and emails confirming the uplift and calculation are attached. Please note that any information not relevant to your request or information that is considered personal data has been redacted. Personal data is exempt from disclosure under Section 40(2) of the Freedom of Information Act. Personal data is defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles.
4. Other than indexation, fluctuation, uplift, no other terms have been discussed
5. This is attached.
6. The Council does not hold this information.
7. The Council does not hold this information.
Attachments
Attachment