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Independent experts agree with Cambridgeshire County Council that Guided Busway contractors must pay for repairs
The County Council has been in a long running legal dispute with BAM Nutall over defects in the Busway route
18:00, 21 NOV 2016Updated18:00, 21 NOV 2016
Independent experts analysing the defects on Cambridgeshire's Guided Busway service have concluded that contractor BAM Nuttall should pay for the repairs.
The report supports Cambridgeshire County Council's case that BAM Nuttall are responsible for the series of engineering defects that have blighted the route.
The County Council's General Purposes Committee will meet on 29 November to discuss how the Council will proceed in light of this new assessment.
The St Ives to Cambridge Busway route has been the focus of a long running dispute between the Council and BAM Nuttall since the late delivery of the project in 2011.
The Cambridge Guided Busway at Longstanton, Cambridgeshire.
Completed two years behind schedule and over budget at £152 million the Council took legal action against the contractors to recover money owed.
This dispute was settled in September 2013 when the Council agreed to accept a financial settlement from Bam Nuttall.
Since then further defects have appeared in the Busway infrastructure, including slippage in the bearing pads the guideway beams rest on leading to the appearance of 'steps' on the route that cause a bumpy ride.
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BAM Nuttall denied there were any further defects and the Council accepted their proposal to carry out a joint investigation into the condition of the Busway.
The subsequent report from Capita concluded that the defects do represent a breach of contract by BAM Nutall and found additional defects that need to be repaired.
Guided Busway viewed from bridge on Long Road, Cambridge (Photo: Warren Gunn)
It says: "The results of the investigations confirm to us that the contractual requirements and the design intent have not been realised."
The report also recommends that BAM Nuttall pay for £36.5 million of repair work as well as cover legal costs.
Since October 2013 the Council has spent £3.07 million on legal fees and paid £192,000 for the recent investigations.
Councillors are now being asked to support a twin track approach of trying to negotiate with BAM Nutall while also starting legal proceedings.
A council spokesman said: "It is believed the works could be carried out in sections to allow other parts of the Busway to remain open while the defects are rectified."
BAM Nutall were not yet in a position to comment on the report's findings