Actions taken by one Authority may give rise to a liability for that Authority or all other Authorities to the PFI Contractor. The extent of recompense to the PFI Contractor and/or to the other Authorities will need to be settled.
Some liabilities will need to be shared on a straight percentage of tonnage basis where they cannot be attributed to the actions of a single Authority. Others, for example: failure to grant access to a site by one Authority, are clearly the responsibility of a single Authority. Such a failure to give access may cause delay in the construction programme for all Authorities and the PFI Contractor may claim a Delay Event or Compensation Event. In addition to payments to be made to the PFI Contractor as a result of this, the other Authorities may incur additional costs. The Authority "at fault" would need to pay for these, as appropriate.