Painting subcontractor EJ Manning has dived into the Bath Spa
dispute with the damning claim that it told all parties the paint
to be used in the pools was not up to the job.
The Radstock-based specialist has been caught in the crossfire
between main contractor Mowlem, client Bath & North East
Somerset Council and architect Sir Nicholas Grimshaw & Partners
as they argue about problems with the paintwork flaking in the
£26m spa's pools.
Manning also insists it is still owed money - a claim that Mowlem
denies.
A Manning source told CJ the firm is owed a "substantial amount"
and is adamant that the firm informed all involved that the
specified paint would not work. "We knew the paint would not work
and we told the architect and council words to that effect. We also
warned the paint manufacturer that the paint would not work as it
had never been used in pools before. Nobody listened to us and we
had to call in the council's agent when the paint started to have
problems," he said.
The feud between Mowlem and the client reached boiling point last
week after the council released to the press one page of a 36-page
report into the paint problems. The full report is available only
under close supervision at the council's offices - and cannot be
directly quoted.
The executive summary of the report, compiled by STATS for the
council, puts the problems down to:
n The use of improperly applied, unspecified and/or approved and/or
incompatible repair and filler/render materials.
n Inadequately prepared substrate surfaces.
n Application of paint in cold conditions and/or on to cold
surfaces.
n The use of multiple thin layer coating techniques.
n Contamination of the paint surfaces between layers.
The report criticises paint manufacturer RIW for supplying
"inappropriate advice" for the paint's application. RIW refused to
comment when approached by CJ.
Mowlem was infuriated by the council's action and subsequently
released two other pages of the report. A spokesman said: "While it
[the report] was keen to focus on a number of references to
localised workmanship issues, the summary of the report released by
the council fails to highlight many far more important points
relating to the suitability of the paint that was specified by the
architect."
Grimshaw also refused to comment when approached by CJ.
Mowlem also stated that it had "long believed that the substitute
paint chosen by the council to achieve a cost saving was doomed
from the start and that the primary problems arose from the nature
of the paint itself and its unique specification for use in a
swimming pool environment".
The contractor, which was not asked to contribute to the report and
was issued its own copy a month after it was completed, added that
it was "disappointed the report did not include any recommendations
on how the situation might be resolved".
One Mowlem source told CJ: "It is worrying us that we have had such
difficulty accessing the report due to it being legally privileged.
This can only mean that the council is considering using it as
legal evidence."