Scottish Water is being sued over a devastating flood which left a Perthshire pre-school out of action for more than two years.
Perth and Kinross Council has mounted legal action against the water authority and a firm of contractors, claiming a damaged sewer pipe caused nearly £740,000 of damage at the Pre-School Centre in Crieff Road.
The building was swamped by several feet of sewage water after a night of torrential downpours in July 2010.
Children and staff were moved out for what should have been a temporary measure.
However, the damage was so severe that the centre was forced to stay shut for 25 months.
Council chiefs have now raised civil action against Scottish Water and Glasgow-based contractors Millglen.
A local authority spokesman said that the £738,685 damage was covered by insurance at the time, but insurers are trying to reclaim the money at the Court of Session under the council’s name.
Solicitors claim Scottish Water was responsible for a public sewer which backed up during heavy rain.
Four years earlier, Millglen had started work on a nearby housing estate. Perth and Kinross Council has alleged that workers caused damage to the sewer during the work and because the pipeline was blocked, it could not cope with increased rainfall.
During 2008, staff at the pre-school complained several times to Scottish Water that their drains were overflowing during spells of heavy rain.
According to paperwork lodged with the Court of Session, Scottish Water had investigated the sewer but had not found any issues that could cause flooding.
However, the pipeline failed spectacularly during storms on the morning of July 21, 2010.
Water and effluent backed up from manholes in the grounds of the nursery and inside, through sinks and toilets.
Perth and Kinross Council argue that Scottish Water had a duty to inspect, maintain and repair the sewers.
But the council’s court case was hampered because officials named the wrong firm on formal documents.
The original paperwork was lodged against “Scottish Water Ltd” which is actually a different company registered in Dunfermline.
Scottish Water had tried to have the legal action dropped and opposed the council’s bid to have the papers amended.
However, Lord Drummond Young has ruled that the amendment can be made and the case can proceed.
The council was inundated with complaints from parents about the length of time the centre was forced to stay shut.
A letter issued by the council in 2011 stated: “The extent of the damage to the centre has been such that the scale of the reinstatement work required in significant.”
A Scottish Water spokesman said: “It would be inappropriate for Scottish Water to comment as this is an ongoing issue.”
Millglen could not be reached for comment.
