Barnes family loses fight for £1.8m over bus station job

Aaron Morby 2 years ago
Share

The family owners of former Bury-based building contractor Thomas Barnes & Sons have lost their fight for compensation from the local council over the Blackburn bus exchange project.

Thomas Barnes administrator Begbies Traynor, backed by the family who are secured creditors, went to court claiming £1.8m from client Blackburn with Darwen Borough Council.

The building firm, which turned over more than £15m, was kicked off the Blackburn bus exchange project in June 2015 mid-way through construction over lack of progress on the complex job.

The administrators claim that failure by the council to make interim payments and the wrongful termination of the contract caused Thomas Barnes to collapse later in 2015.

According to the court papers, directors at Thomas Barnes at the time strongly believed that the problems which led to it being removed from the project were, in very large part, a consequence of failings of Capita, which had been hired by the council to provide a full design and project administration service on the project.

They said: “The claimant’s case is that those within the defendant and Capita who were responsible for this project were very keen to pin the blame for the serious time and cost overruns on the project on someone else and that the defendant’s decision to terminate was both led by Capita and politically motivated to put the blame on the claimant.”

All of this was strongly disputed by the defendant, said Judge Stephen Davies.

The council also argued it was entitled to terminate the contract and was entitled to a counter-claimed £1.9m for the cost of the extra work to complete the bus station.

Judge Stephen Davies accepted that Barnes was entitled to an extension of time which was greater than that allowed for by its client.

But he added that since the end of February 2015 the works had been plagued by delays which were almost entirely Barnes’ own fault and contractual responsibility.

He said any delay related-damages for Barnes fell short of the claim relating to damages arising from the council’s right to terminate the contract under provisions for delay-related breaches.

In a written judgement he said: “It follows that the claimant has no prospect of recovering anything in this litigation, since any entitlement it may establish under a final account analysis would be more than extinguished by the defendant’s right to recover and to set off against such entitlement the net cost of having the contract completed by replacement contractors.”

Latest news

Buyers flag fears over civil engineering slowdown

All sectors in reverse during "challenging" March
7 hours ago

Torsion and Khalbros to build new Leeds £1bn neighbourhood

Eastgate Quarter site acquired from Hammerson
1 day ago

Winners named for £380m Scottish council housing upkeep deal

PfH Scotland names 38 firms for social housing landlord deal
10 hours ago

Kier wins first phase of £700m Warwick Uni campus build

Firm to start work on science and engineering precinct last this year
1 day ago

JCB to double size of US factory in wake of Trump tariffs

$500m Texas factory under construction to expand to 1m sq ft
1 day ago

Green light for £2.4bn Luton Airport expansion

Government go-ahead to transform airport
1 day ago

Mivan looks to boost supply chain network

Subcontractors and suppliers invited to meet the buyer event: Book places now
11 hours ago

Diversification pays off for concrete frame specialist Statom

Strong results as £180m turnover firm expands into infrastructure sector
1 day ago

Cardo in talks to buy Breyer roofing arm

More than 100 jobs could be saved at Breyer Roofing
1 day ago

Quartet win £750m Wales & Western railway deal

Network Rail confirms partners for Reactive and Minor Works framework
1 day ago

Plans in for £350m London Bridge life sciences hub

Snowsfields Quarter will consist of three buildings containing labs
1 day ago

Surging labour costs push tender price forecast up

Pick-up in tender prices despite weak growth
1 day ago

Permasteelisa wins cladding deal on Multiplex city tower

Facade specialist wins work on Fenchurch Street ‘hanging gardens’ tower
1 day ago

Wates wins fit-out for Manchester First Street Hub

Smartspace arm secures another Government hub deal
2 days ago

Peel Ports reveals winners for £750m framework

18 firms win places on deal: Full list
2 days ago

Big trade names dropped in M Group rebrand

Acquisitive group formed from Morrison Utility services in 2016
2 days ago

Breyer Group files administration notice

Staff hope rival firm could buy assets and save jobs
2 days ago

Former Severfield director takes helm at Embrace Steel

New CEO Martin Kelly aims to step up expansion of steelwork contractor
2 days ago

£302m upgrade funding awarded to FE colleges – list

Cash shared out between England’s 179 college groups
2 days ago

FK Facades thrives but construction arm hit by ISG row

Dispute with failed contractor costs specialist £5.5m
2 days ago

Galliford Try gets go-ahead for Milton Keynes PRS tower

33-storey tower needs gateway 2 approval before work can start
3 days ago

Small house builders get £150m funding for green homes

Developers will have to meet-up to ten new criteria to benefit from interest rate discounts
2 days ago

Lendlease Construction renamed Bovis

US private equity firm completes £35m purchase of UK contracting business and rebrands
3 days ago

Breyer Group battles for survival as rivals circle

Housing maintenance firm fights three winding up petitions in a month
3 days ago

Careys facing £2.4m claim by developer over demolition cartel

Giant Hong Kong developer claims it was overcharged on Lots Road Power Station job
3 days ago

Multiplex profit drops a third as revenue rises to £780m

Spate of new orders sets contractor up for three years of work
3 days ago

Galliford Try and Breheny land latest Sizewell C road deals

More infrastructure deals for new nuclear power station
4 days ago

Worker trapped in collapsed septic tank pit

Contractor and director fined after worker suffers multiple fractures
3 days ago

Homes England buys stalled Broad Marsh site

Demolition to finally be completed as developer hunt begins
4 days ago

Vistry go-ahead for 353 homes at Rochester Riverside

Work to start on next phase of Kent town regeneration at end of this year
4 days ago

Contractor services