Trial between council and contractor over Blackburn bus station underway

Blackburn bus station
Blackburn bus station
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LAWYERS for Blackburn with Darwen Council insist problems with the construction of the Ainsworth Street bus station were "exaggerated" by contractors.

A civil case between the authority and administrators of Thomas Barnes and Sons, the firm it tasked with completing the bus station is now underway.

The original project soared in costs from £4.7m to £8.4m and the date of completion was extended to May 2016 from December 2014.

And now the council is facing an initial claim for £3m, which was reduced to £1.7m at the doorstep of the court,  from the administrators of Thomas Barnes, the company which was brought in to complete the project.

After being sacked from the project by now-leader of Blackburn with Darwen Council Cllr Phil Riley due to delays and construction issues, the company later went out of business.

The local authority faces claims it failed to provide instructions, failed to respond to questions, failed to provide payments and wrongfully terminated a contract.

The council has said the claims have “no merit.”

The case began at Manchester County Court on Wednesday after being adjourned on Monday and Tuesday.

The proceedings heard from Alan Cunningham, a quantity surveyor who was commercial director at Barnes.

He was questioned by Lynne McCafferty QC, representing Blackburn and Darwen Council, who said he had exaggerated problems with the bus station.

She pointed to an agreement to extend the project in September 2014 due to deflection issues in the steel work.

On that occasion, an agreement was made to extend the project for 42 days.

Mr Cunningham had described the structure as “wobbly” but it was put to him that there was only an issue in one place.

Ms McCafferty QC asked: “You described it as wobbly, that is wrong.”

Mr Cunningham replied: “That is my wording.”

He was then asked: “It is not literally wobbling is it?”

He replied by stating it was “unstable.”

He was asked if the work in relation to the extension was limited to “replacement of two steel beams” in one spot of the bus station.

Mr Cunningham said: “That was the first exercise. There were other exercises to correct parts of the steel structure.”

He was later questioned on a dispute with sub-contractors Millfield, with whom a dispute emerged over payments.

Mr Cunningham said Millfield wanted to be paid for tools used and disputes were over valuation for work.

Ms McCafferty looked at correspondence in which he blamed them for delays to work in early 2015.

She said: “There is no suggestion they are being held up by issues with the deflection.”

He replied: “No there isn’t.”

He later claimed he was “defending Barnes against allegations from Millfield.”

The court heard payments emerged with various sub-contractors and work had ceased by May 2015.

The hearing, before Judge Stephen Davies, continues.

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