3.8 We found that disputes over contractual terms and specifications are prevalent and part of daily life for contract managers. Examples include:
• disputes over what is damage (which the Trust often pays for) and wear-and-tear (which the ProjectCo pays for);
• disagreements about the meaning of 'clean' in the contract; and
• additional payments because of an increase in patient volume, when the contract made no such provision.
3.9 We found most contract managers understand their contracts well and are able to protect the taxpayer's interests in disputes over interpretation. However, most Trusts rely on a few key people to hold this knowledge, and often their documentation of management processes, contract guides and issues raised are too poor to ensure another could take over their role easily.