Fife Council is to be hit by a massive bill after the Dunfermline flood prevention scheme debacle took a new twist.
Byzak, the construction firm the council sacked last January, has revealed it is going to take up a “substantial damages claim” with the local authority, soon after an independent adjudicator ruled the termination of the contract to be invalid.
Sources fear it could be yet another seven-figure sum poured into the disastrous £25 million scheme, which is now nearly £14m over budget and four years late in being delivered.
Heralded as a safeguard to protect hundreds of homes and businesses in the south of Dunfermline from the danger of flooding, it has been beset by problems and delays and come in for heavy criticism.
Only weeks ago a whistleblower feared someone would be badly injured or killed by the delays he dubbed Fife’s answer to Edinburgh’s trams.
Last year Fife Council announced it was to sue project designers Atkins Ltd for nearly £10m. This was due to the huge overrun in timescale and the massive rise in costs.
Then only weeks later, the local authority announced it was terminating its contract with Byzak, which was carrying out the works.
However, the company has pursued the council about that decision, which has paved the way for a potentially massive damages claim.
Byzak’s senior representative on the contract, Tony Cookson, said the firm was pleased to have been vindicated in its position.
“Byzak was committed to the project and to its successful completion, and to overcoming the obstacles that were put in our way,” he said.
“We worked hard to maintain good relationships with members of the public who were directly affected by the works.
“We offered to accelerate the completion of our works to the end of June, although we had no legal responsibility to do so but the council rejected that offer,” he said.
Mr Cookson considered the firm was unfairly blamed for a situation “not of our making” when the council terminated the contract, which is why it took the action it did.
“Byzak intends to take up its substantial damages claim with the council in the near future.”
Fife Council, which announced this week the beleaguered scheme should finally be completed by December, remained tight lipped about the adjudictor’s decision.
Managing solicitor Susan MacKessack confirmed the local authority was “giving full consideration to its terms”, adding it was not appropriate to comment further at this stage.
Local councillor Joe Rosiejak said the news was not a surprise.
“I think this is going to be the final straw,” he said.
“I feel this whole thing has to go to court and let the courts sort it out. My main concern is for the residents living there, who have had to suffer for years.”
Meanwhile, Wills Bros Civil Engineering Ltd started on site this week to complete the project, which will be managed with on-site supervision by the council’s design and construction team.
Transportation spokesman Pat Callaghan said it was great to see work starting again. Still to be completed are works on flood defence embankments, footpaths, lighting and landscaping in Rex Park.
Meanwhile, in Forth Street where residents and motorists have been badly hit by the prolonged work work will finish the structure, which allows flood water to flow under the road.
Temporary traffic lights will again be in operation. Mr Callaghan thanked the residents for their continued patience.
“This project has gone on a lot longer than anyone envisaged but the end is now in sight,” he said.