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Last Updated: Friday, 3 October, 2003, 11:39 GMT 12:39 UK
Contractor's gloom at court loss
The Spa at Bath - covered in scaffolding
The spa building is still shrouded in scaffolding
A building contractor has spoken of its "disappointment" at losing a court battle with a council over the painting of a new city spa.

On Thursday Bath and North East Somerset council (B&NES) won an injunction against Mowlem over a row at the city's �25m spa project.

The council claimed paint in the pools had not been applied properly, while Mowlem protested there was a problem with the paint.

On Thursday in the High Court B&NES won an injunction allowing the council to hire an alternative contractor to carry out the work.

The new contractor was due to start work at the spa on Friday.

In a statement, Mowlem said: "After the considerable efforts Mowlem made to resolve matters without recourse to litigation, we were very disappointed that B&NES ultimately felt it necessary to seek an injunction.

Mowlem are confident that we will be able to demonstrate that the fault does not lie with us."


Mowlem statement
"Naturally, we are also disappointed that the judgement went against us.

"It is important to understand, however, that the judgement relates to an isolated and very specific issue, namely that Mowlem must allow another contractor on site to remove paint from the spa pools.

"The hearing did not concern itself with reasons for the paint's failure, nor does the judgement imply or apportion responsibility for that failure.

"This point remains to be decided and Mowlem are confident that we will be able to demonstrate that the fault does not lie with us."

The project has been a stop-start affair since the original project was unveiled in September 2000.

Ambitious project

An NHS spa treatment centre on the site was closed on health grounds in 1978 and since then, attempts to restore the spas have failed because of cost and concerns over the purity of the water's source.

But in 2000, the Millennium Commission gave a grant of �7.78m to refurbish five listed buildings within the complex, including the 18th Century Hot Bath and Cross Bath.

Work on the ambitious project began soon afterwards, but the scheme was plagued by a series of delays culminating in several further setbacks since May.




SEE ALSO:
Council wins spa delay court fight
02 Oct 03  |  Somerset
Council to sue over spa delay
25 Sep 03  |  Somerset
Spa project delays 'frustrating'
10 May 03  |  Somerset
Spa project delayed again
07 May 03  |  Somerset
Bath Spa faces new delay
01 Apr 03  |  England
Bath Spa delayed 'until May'
17 Mar 03  |  England


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