Why the Spa saga may end in court

Dickon Hooper
BBC News, Bath

The Bath Spa project is threatening to become the West's Millennium Dome.

Millions over budget and years behind schedule, there is still no opening date.

And on Friday, Bath & North East Somerset Council (B&NES) sacked its builders, Mowlem, demanding the contractor leave the site.

I should just burn the place down - I would honestly just dismantle it and start afresh Bath resident Read Mowlem's full statement Read B&NES' full statement

Mowlem says it will leave when it chooses and both parties are now claiming the other is in breach of contract - protracted legal wrangling is sure to follow.

In a series of bitter statements, the two sides have lined up their charges against each other.

B&NES said the final straw came when Mowlem refused to replace the floor in the steam room.

With the statement "enough is enough", the council accused Mowlem of not being committed to completing the project and of waging a propaganda war.

Mowlem hit back, accusing B&NES of being befuddled and pigheaded, saying it was "completely out of its depth in managing a project as large and technically complex as this".

Brian O'Neill, from Mowlem, added: "In our view, the council has no grounds in seeking to exclude us from this job.

"We will consider our position and take a view on if and when we vacate the site."

Residents quizzed by BBC Points West were angry at the latest developments.

One said: "Where does that leave the city then? It's a waste of money for local people."

Another added: "I should just burn the place down myself. I would honestly just dismantle it and start afresh with something."

Council executive member responsible for the spa, Nicole O'Flaherty, denied the council was out of its depth, but could not give a new opening date for the spa.

Nicole O'Flaherty said new builders would finish under budget

"We've got all that in process. I can't tell you now. At the moment we are in negotiation, and Mowlem has worried me because it says it might not leave the site."

Mowlem made the council an offer in February to finish the job in six months for a maximum price of £26m.

The council turned this down and Ms O'Flaherty remains unimpressed.

"We are going to get proper builders who want to work for us and want to finish this project below the budget," she said.

Total impasse

Mowlem's Mr O'Neill said: "By declining that offer B&NES has exposed itself and council tax payers to huge further costs through claims, legal costs and the additional cost of taking on new builder to finish the job."

B&NES councillor Malcolm Hanney, executive member for resources, said: "There is a total impasse... It is time to take decisive action.

"The council shouldn't now just pay more to Mowlem and waive any claims against them as a means to try and get them to finish the business.

"We should expect Mowlem and the architects to get the job done and have the wrangling afterwards."

One thing all the main political parties can agree on is that things have to move forward - not back.