Aborted costs in relation to Maylord Orchards site works
Case reference FOI2023/02027
Published 10 January 2024
Request
According to the minutes of the Hereford Stronger Towns Board meeting on Friday 3 November 2023, Herefordshire Council's chief executive Paul Walker "confirmed that any aborted costs in relation to the Maylord Orchards site works would be met by Herefordshire Council", following the new council administration's decision to house the city's planned new library and resource centre in Shirehall instead.
My question is: What is the council's current best estimate of these aborted costs, and to whom are they owed?
Response
According to the minutes of the Hereford Stronger Towns Board meeting on Friday 3 November 2023, Herefordshire Council's chief executive Paul Walker "confirmed that any aborted costs in relation to the Maylord Orchards site works would be met by Herefordshire Council", following the new council administration's decision to house the city's planned new library and resource centre in Shirehall instead.
My question is: What is the council's current best estimate of these aborted costs, and to whom are they owed?
The cabinet decision taken on 20th July 2023 to consider the relocation of the library summaries the potential abortive costs related to the relocation of the library from Maylord Orchard. We are currently in discussions with the appointed contractor to finalise their abortive costs, these negotiations are commercial in confidence at this stage.
Therefore details of the current best estimate of the abortive costs are considered to be exempt under Section 41 of the Freedom of Information Act 2000 because the information was provided to the council in confidence. The information was provided in confidence by the appointed contractor, and the information remains of a confidential quality.
The withheld information is not currently in the public domain. It contains details of cost estimates and as such the withheld information is not trivial or insignificant but has value. The information was supplied to the council for the purposes of the current negotiations only and the appointed contractor did not intend for it to be shared more widely at this stage. As such the information was provided subject to an obligation of confidence - implied by the nature of this information and its provisions - and this obligation has not been waived.
Release of this information would cause detriment to the appointed contractor and to the current negotiations. Disclosure without consent would therefore be likely to amount to an actionable breach of confidence, and the information is therefore withheld under Section 41 of the Freedom of Information Act 2000. Please take this letter as a refusal notice under S17 of the Act.
I am advised, however, that we anticipate these negotiations will be concluded in the next two months.
Documents
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