Wates is seeking £12m in damages from two subcontractors after defects in the roof of a £57m university sports facility delayed its completion.
The firm was appointed to build one of the UK’s most sustainable sports centres – which has since won awards – at the University of Portsmouth.
The facility, called Ravelin Park, comprised an eight-lane 25-metre swimming pool, gym, sports hall and squash courts.
In 2019 architects firm FaulknerBrowns was appointed to produce the architectural designs for the roof of the swimming pool and engineering consultancy Mott MacDonald won the contract for the structural design of the roof’s steelwork.
Under the building contract, Wates was responsible for the design, construction and completion of the facility with a caveat that if it was not finished by the completion date of 26 April 2021, Wates was liable to the university for “liquidated damages for delay”.
Wates alleges that in November 2020 ponding of water was discovered on the new swimming pool roof and lengthy remedial works that took place as a result led to the project being delayed by 325 days.
Wates has now lodged a lawsuit with the High Court to sue FaulknerBrowns and Mott MacDonald for £12.4m in damages.
In its Particulars of Claim, Wates’ legal team says: “The respective breaches of contract by FaulknerBrowns and Mott MacDonald caused the work to be significantly delayed and placed Wates in breach of the terms of the building contract causing loss and damage.
“As a result Wates entered into a reasonable settlement with the university in respect of Wates’ liabilities.”
Both FaulknerBrowns and Mott MacDonald had a design responsibility to Wates, the documents say.
“By their respective designs produced in breach of contract various defects were present in the sports facility,” the court papers say.
“In November 2020 Wates identified significant ponding of water on the roof and inadequate stiffness of the roof steelwork above the swimming pool.
“The defective design respectively produced by FaulknerBrowns for the swimming pool and Mott MacDonald for the roof steelwork each caused the ponding of water on the roof.
“The remedial work to rectify these defects critically delayed Wates’ work under the building contract.”
The documents allege Wates found “various defects in the structural design, including members and connections with inadequate strength”.
Under Wates’ contract, it had to pay the university liquidated damages of £54,000 for every week of delay.
The centre officially opened in March 2023.
FaulknerBrowns told Construction News it denies the allegations.
“FaulknerBrowns have acknowledged the claim from Wates, which is primarily aimed at FaulknerBrowns’ sub-consultant engineers, Mott MacDonald,” it said.
“This relates to structural issues prior to handover. FaulknerBrowns firmly deny the allegations of breach/negligence against it.
“For the avoidance of doubt, it is not being alleged that there are any current structural issues with the building, which has operated successfully since it opened, setting a new benchmark for ultra-low energy sports facilities in the UK and welcoming over one million visitors.
“FaulknerBrowns are proud to have also seen the sports centre earn multiple awards from elite architectural bodies since opening, recognising the exemplary approach to sustainability and public value, innovation, accessibility and universal design.”
Wates and Mott MacDonald have not responded to requests to comment.
The facility received an ‘outstanding’ rating from BREEAM UK and won Public Sector Project: Design Stage Award at the BREEAM Awards 2020.
The facility’s design includes features to create renewable energy from the roof solar panels and internal heat recovery systems, re-use the pool water for toilet flushing, manage waste water drainage by creating an urban orchard and has a biodiverse grassed roof with beehives.
The bio-solar roof generates 200MWhs of renewable energy per year, reducing demand from the grid by 20 per cent.
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Nicola Harley