A fight for compensation by the Dunedin City Council over
flaws in the design of the St Clair sea wall could end up as
a courtroom battle.
• DCC Budget 2012-2013
Councillors at yesterday's council pre-draft budget meetings
agreed to support initiating legal action against the company
responsible for the project's flawed design.
That move came despite a council staff report to yesterday's
meeting warning the chances of a successful outcome from any
legal action were "uncertain at best", and recommending staff
focus instead on reaching a negotiated settlement.
The sea wall was completed in 2004, but repeated battering by
heavy seas had caused its ramp and stairs - leading from the
Esplanade at St Clair down to the beach - to fail six times
since then.
The structure was designed by council consultant Duffill
Watts and King, but the company had since merged with Coomes
Consulting in Australia to become CPG, which had not accepted
liability for the failings.
The report to yesterday's meeting, by council community and
recreation services manager Mick Reece, outlined a $250,000
plan to fix the sea wall, involving removal of the ramp and
three of four flights of stairs from the most exposed part of
the wall.
Court action to recoup costs was expected to cost up to
$150,000, and Mr Reece's report recommended staff continue to
seek a settlement and the "assistance" of CPG staff in
repairing the structure.
However, Cr Colin Weatherall instead called for legal action
to be initiated, saying his advice was the council's position
would be strengthened by the move.
"We need to negotiate hard. We are all aware and concerned
about the history [of the project]."
Councillors supported the move even after operations general
manager Tony Avery said the council intended to use the same
company during repairs.
The company now had "completely different" staff following
the takeover, and they were willing to help resolve the
issues, he said.
chris.morris@odt.co.nz
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