Seawall writ hits council for $1.3m

JOHN VAN KLAVEREN
A COMPANY contracted to build an Eastern Beach seawall is suing council for $1.3 million, according to a statement of claim.
The claim, contained in a Supreme Court of Victoria writ, said Downer EDI suffered extra costs on the project.
Downer EDI said City of Greater Geelong contracted the company in April 2008 to carry out the project for $1.7 million.
But Downer EDI later discovered “problems” with the project.
The company said it uncovered discrepancies in designs and drawings that council had provided.
Downer EDI claimed it had to build a temporary dam to hold back the waters of Corio Bay while reconstructing the seawall.
“Works were incapable of being constructed in the manner outlined in the design,” the claim said.
Council’s drawings were “wrong and misleading”.
The claim said the old seawall had to be demolished during the project because it had partially collapsed.
Downer EDI said it wrote to project superintendent Stephen Wright seeking compensation for the extra work.
The claim said the City rejected the compensation request, which was in breach of the contract.
Council’s response was that an experienced contractor would have foreseen the situation, the claim said.
Solicitors Blake Dawson have filed the writ which seeks a trial under a judge alone.
City chief executive officer Stephen Griffin said council was discussing with legal advisers whether to contest the claim but refused to comment further.
The City also faces two personal injury writs over alleged accidents at Geelong Performing Arts Centre and Leisurelink.