Loss of profit
Business loss of profit claims policy
SES Water has a statutory responsibility in relation to the installation of water supply equipment, its repair and replacement. Our approach to such work is to plan and install the necessary equipment having full regard to the needs of those who may consider themselves to be affected by our works.
Our policy, as approved by the Board of the Company, in relation to potential disruptions to other businesses caused by such work is:
• To seek to avoid having a detrimental impact of other businesses by consulting those potentially affected on the timing, location, and duration of planned works, and where some disruption is unavoidable, to seek to minimise the expected impact by considering representations made with regard to the planned work.
• To explain clearly to all potentially affected businesses the Company’s obligation to pay compensation for evidenced loss of profits and describe the way in which claims might best be made.
• To engage third party claims administrators and specialist advice, and respond to all claims professionally, promptly and without prejudice or favour. • To seek to reach agreement with claimants on the quantum of any loss of profit claim payment.
• To support independent arbitration of claims where agreement has not proved possible.
Consideration will be given to claims for compensation for the loss of profit to businesses directly affected by works that we carry out in the public highway. At all times, each business has a duty to mitigate any loss that may arise by taking action that will reduce the loss.
If a business considers that it may have a claim arising from the work carried out by us then it is important that full details of that claim are provided so that we can consider and respond in an efficient way. We request that any claim is submitted within three months of the disruption to assist in a prompt process.
The factors used to determine whether compensation is payable to a business include the nature and impact of the works being carried out, their duration and proximity to the business claiming compensation. Whether a business can claim compensation will depend on the circumstances of each case and applicable legislation.
From the earliest stage of planning our works, we encourage anyone concerned about any impact on their business to contact us to ensure we have an informed understanding of the potential impact. This helps us identify or consider any further measures that we could put in place to mitigate the impact. In support of this policy, we have published the below accompanying documents: