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Availability Deductions and Service Credits meaning

What does Availability Deductions and Service Credits mean?
Reductions to payments and pre-agreed credits applied under a contract’s payment mechanism when the asset is unavailable or service levels are not met. In PFI/PPP projects, Availability Deductions reduce the unitary charge for periods or areas that are not Available against the Output Specification; Service Credits (often called performance deductions) are financial adjustments for performance shortfalls in facilities management or related services (often set in an SLA). The concepts are contractual rather than statutory, though widely standardised in UK PFI guidance and Irish PPP template documents. Key features typically include: time- and area‑weighted calculations; service level metrics and response/rectification times; exemptions for Relief Events (eg force majeure, Authority Default, Permitted Maintenance); caps or floors; no double‑counting between availability and performance; and reporting, cure and dispute procedures. They operate as primary price adjustments, without prejudice to other remedies (including persistent breach/termination). Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland; enforceability turns on drafting and penalty rule principles. To remain enforceable, service credits and deductions should reflect a genuine pricing mechanism or proportionate protection of the Authority’s interest, rather than a penalty.
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View the related Practice Notes about Availability Deductions and Service Credits

PRACTICE NOTES
UK PFI, PF2 and PPP glossary: contracts, changes, payment mechanisms, FM services, risk allocation, adjudication and handback

Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a school, prerequisites would have to be satisfied by Project Co before...

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