Amey contracts information: EIR release

Information requested

I would like to raise a Freedom of Information Request regarding the Contractor Amey, responsible for maintaining the M74 Motorway in the Lanarkshire area.

1. I would like to know if Amey incur any financial penalties for the late completion of contracts. Recent work on the Nethan Viaduct at Lesmahagow is a case in point, where original completion dates moved from end 2024,March 2025,May 2025, and finally ended in July 2025. If not, my subsequent question is Why not?

2. Last weekend the towns of Kirkmuirhill and Blackwood had Motorway Traffic diverted through them, from the M74, along the B7078. How do Amey compensate South Lanarkshire Council for the additional erosion to the Council's Roads, when they are benefiting from their contract to provide essential maintenance to the M74. If they do not provide for this compensation, then my subsequent question is Why not?

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

To aid with my response I have answered your questions in the order that they were received.

Q1. I would like to know if Amey incur any financial penalties for the late completion of contracts. Recent work on the Nethan Viaduct at Lesmahagow is a case in point, where original completion dates moved from end 2024, March 2025, May 2025, and finally ended in July 2025. If not, my subsequent question is Why not?

A1. Administration of works undertaken by Amey on behalf of Transport Scotland and any subsequent claims and payments arising from works are managed primarily according to Institution of Civil Engineers 5th Edition Conditions of Contract. No financial penalties were applied to Amey on the Nethan Viaduct contract as the refurbishment programme necessarily had to evolve to accommodate revised start dates, environmental constraints, increased bridge defects identified during works, adverse weather conditions, road traffic incidents and special events requiring road clearance.

Q2. Last weekend the towns of Kirkmuirhill and Blackwood had Motorway Traffic diverted through them, from the M74, along the B7078. How do Amey compensate South Lanarkshire Council for the additional erosion to the Council's Roads, when they are benefiting from their contract to provide essential maintenance to the M74. If they do not provide for this compensation, then my subsequent question is Why not?”

A2. All diversion routes are discussed and agreed with local authorities in advance of any works. The funding to local authorities (including for road maintenance) from the Scottish Government is provided via a block grant. It is the responsibility of each local authority to manage their budget and allocate the financial resources available to them on the basis of local needs and priorities, such as road maintenance, having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.