Councillor Nicole O'Flaherty said the council was investigating
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Cracks have been appearing in the foundation structure of the new Bath Spa building.
A statement from Bath and North East Somerset Council said they were merely settlement cracks and were being filled as they appeared.
But a source close to the project said they were letting in water which could be a sign of something more serious.
The council said it had been assured the structure was completely adequate and compliant with British Standards.
Liberal Democrat Councillor, Nicole O'Flaherty, told the BBC: "The council investigated this once again and we've had confirmation from our architects and engineers and project managers that they were not aware of any difficulties.
Peeling paint
"There are other issues but they are not issues which are going to delay the opening of the spa.
"I am saddened about where we are but there is very likely going to be litigation and we don't want to reveal our hand in public."
The development has been hampered by a series of delays, including a row over peeling paint in the pools.
The completion date - originally set for Autumn 2002 - has been put back several times.
The spa was still not ready in time for a special concert by the Three Tenors in August 2003, which was planned to coincide with the opening.
Meanwhile, the cost of the project has continued to rise, with the worst-case scenario now topping £35m - three times the original estimate.
The latest opening date is unlikely to be much before next spring.