Constructor Gagging Order Rumoured In 2012 Deals

According to media reports, construction firms working on sites for the London 2012 Olympics are being forced to sign ‘gagging order’ contracts which prevent them from disclosing information of their work to the public for a six year period.

Speculation suggests that any company falling foul of this would contractually allow the Olympic Delivery Authority to search a firm’s premises and emails.

The ODA has said the construction contracts have a standard confidentiality agreement but denied the contracts were as severe as had been suggested by some reports.

According to the reports, firms sign away the right to talk to any third party, without the ODA’s permission, about technical plans, the cost of venues, a project’s progress, environmental issues, health and safety measures and any discussions with ministers.

The contract reportedly says companies and their subcontractors must not ‘do anything… which would have an adverse effect on, or embarrass any Games body or any supporter of the Games or official sponsor.’

The document is also thought to warn firms they must ‘reimburse the Olympic Delivery Authority for any costs or liabilities’ arising from any breach of contract including all legal costs.

An ODA spokesman said: ‘As with any company or public body, ODA contractors are required to sign a confidentiality agreement covering confidential information, including security and commercial information critical to the success of the project.

‘This is standard practice. We have a proven commitment to transparency and have proactively communicated activity on the project, regularly alongside our contractors, including sensitive issues such as the discovery of contaminated material on the Olympic Park.

‘In addition, all ODA contractors have to meet their legal disclosure obligations, such as reporting information on serious accidents directly to the Health and Safety Executive, and this information is publicly available through the usual channels.’