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Access all documents on Availability Deductions and Service Credits (see also Performance Deductions)

Availability Deductions and Service Credits (see also Performance Deductions) meaning

What does Availability Deductions and Service Credits (see also Performance Deductions) mean?
In practice, this describes contractual price reductions applied when a facility or service fails to meet agreed standards. Availability Deductions reduce the Unitary Charge where a facility (or defined area/system) is Unavailable under the Output Specification and Availability Criteria. Service Credits are monetary credits (or abatements) for failures against service levels or KPIs, commonly in facilities management and outsourcing. Together (see also Performance Deductions), they form part of the payment mechanism in PPP/PFI, FM and SLA-based contracts. The payment mechanism typically sets formulas, weightings by criticality and time bands, cure/rectification periods, caps, and thresholds that can trigger escalation or termination for persistent breach. Permitted Unavailability, planned maintenance, Relief Events and force majeure usually suspend or limit deductions. This is a descriptive contracting term rather than one defined in legislation. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, reflecting HM Treasury PFI/PF2 standardisation and Irish NDFA PPP forms. Enforceability depends on penalty-law principles: the drafting should operate as a genuine price adjustment or liquidated damages regime, not an unlawful penalty. Search terms: Unitary Charge, payment mechanism, SLA, KPIs, PPP/PFI, abatement, liquidated damages.
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View the related Practice Notes about Availability Deductions and Service Credits (see also Performance Deductions)

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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