3.22 Around 20% of respondents noted a lack of cooperation from SPVs in providing information on the assets' condition.51 In one school PFI contract, the authority attempted to carry out an independent survey to confirm whether maintenance work was being completed as planned, but the SPV denied access to key areas of the school as it did not perceive it as being part of the contract. In one prison PFI contract the authority had the right to receive cost information relating to the performance of the service, but the SPV did not provide it.
3.23 Ambiguity in a PFI contract or lack of cooperation can be resolved in one of two ways: early engagement with the SPV to negotiate an agreed position or by going through a formal dispute resolutions procedure. Resolving any issues requires a balanced approach from both public and private sector parties. Relationships will come under greater strain as earlier PFI contracts start to expire, as these are exposed to greater ambiguity. A lack of compromise in the short term may damage relationships and hinder future expiry negotiations.
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51 Question 14: Did or does the Contractor cooperate with the authority in providing information in relation to retention, lifecycle, other funds, or information about related maintenance/rectification work? Number of responses: Yes - 33, No - 12, Don't know - 2, We have not requested any such information - 12, 12/59 = 20.34%, from a survey response of 59 (as 16 do not revert back to the authority).