0370 270 6000

How can I avoid wasting time reviewing incomplete and inaccurate monthly reports?

6 June 2017


A project agreement will usually go into detail with regard to what each monthly report should contain. Ideally, there should be a monthly report for each of the services provided which are typically bundled into a single report.

Experience suggests the reports received do not always meet the requirements of the contract. Common problems include:

  • service failures not reported - or reported and excuses given as to why they are not failures
  • reports badged as ‘interim’ then revised and reissued several weeks later
  • terminology which does not match the project agreement
  • invoices which do not match reports, or have been incorrectly calculated.


The project agreement should provide plenty of tools for Trusts to work with:

  • Dispute the report - there is typically a short window for the Trust to notify the Project Company of any errors or omissions in the report. Make sure you do this within the time stated. An email is usually sufficient If there has been an omission in the report, but you do not have much detail, write as much as you can so that, in any later dispute, you can credibly show you covered the issue to the best of your knowledge at the time.
  • Deduct both for the failure, and for the failure to report - every unreported service failure typically gives rise to two actual failures: the primary service failure, and the failure to report it. These should be reported separately and the Trust should make the non-reporting deduction as well as the primary service failure deduction. Please note - you may have to agree/determine whether there was a primary service failure in the first place before you can make the non-reporting deduction.
  • Pay the agreed amount but withhold the rest - if you disagree on how the invoice has been calculated, the project agreement typically allows you to pay the 'agreed' amount and withhold any disputed amount, pending resolution via the dispute procedure. If you calculate the monthly service payment is £1.8m, but the project company has invoiced £2m, then the agreed amount is £1.8m. The Trust can pay the agreed and wait and see if the project company serves a dispute notice for the remaining £200,000.

At Browne Jacobson we aim to deliver solutions to PFI problems and would delighted to discuss this or other solutions to any PFI issues you may have.

Focus on...


IR35 rules to be scrapped from April 2023

The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.


Press releases

Browne Jacobson announces 10 to its 2022 trainee solicitor scheme

Browne Jacobson has welcomed 10 future lawyers to its trainee scheme for 2022 – 2024 as it continues to grow its business.
The new recruits have joined 36 trainees currently at the firm, bringing the total number of trainee solicitors at Browne Jacobson to 46 – a record number for the firm.


Press releases

Browne Jacobson’s Private Equity specialists advise Palatine on key CTS exit

Browne Jacobson’s national private equity (PE) lawyers have advised leading mid-market PE investment firm, Palatine Private Equity (Palatine) on its exit from CTS Group, the fast-growing specialist in testing, inspection and geoengineering consulting services to the construction and infrastructure sectors.



Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up