Rimlex wins $59k unpaid work claim for Rattler footbridge

A building watchdog ruling has revealed that delays while repairing the historic Rattler footbridge in Gympie resulted in a costly blowout for ratepayers.

Gympie regional Council (acting CEO David Lewis pictured) was found by the Queensland Building and Corruption Commission to owe $59,000 to the company it hired to rebuild the historic Rattler footbridge after faulty surveys caused months of delays.

A contractor who won a five figure claim for unpaid work on a Rattler footbridge in Gympie says the local council’s refusal to spend a few hundred dollars on a survey ended up costing ratepayers tens of thousands of dollars.

In January 2022, Rimlex director Bruce Michell successfully won a claim for more than $59,000 owed on the construction company’s work restoring the historic footbridge at the old Gympie train station which blew out by months.

Rimlex was awarded the $324,412 contract in June 2020, council documents show.

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However, work was delayed as a result of problems with the design caused by a faulty survey by the council’s consultant, with the completion date first blowing out to December 2020 and then April 2021.

Mr Michell then took the matter to the state’s watchdog, the Queensland Building and Construction Commission, in December 2021, claiming Rimlex was owed money as a result of several problems with the project.

Rimlex was awarded the contract to rebuild the heritage bridge at a cost of almost $325,000 but the final price tag was $100k more.

These included money owed for the delays, additional lighting, and problems with the bridge’s footing.

QBCC adjudicator Kenneth Spain supported Mr Michell’s claim.

In his published decision Mr Spain said he was satisfied the delays to the project were due to the council and the “faulty documentation” it provided.

He rejected the council’s submissions Rimlex should be barred from seeking its extensions, saying the superintendent “acting in good faith” was required to grant the extra time.

The council had not supported its claims these extensions were “generous”, or clearly articulated “to what extent, if any, (Rimlex) may have contributed to the delay”.

The document reveals Mr Michell had originally asked the QBCC to step in on May 21, 2021, but withdrew its adjudication request in June after striking a payment deal with the council.

The QBCC decision in favour of Rimlex said the company had initially withdrawn an adjudication request after striking a deal with the council. However, the council then abandoned it and withheld payment, prompting a new application.

The council agreed to pay Rimlex “in order to seek to expedite a resolution of the disputed claim and to avoid incurring unnecessary legal and adjudication costs”, the documents show. But then it abandoned this deal and withheld payment.

Mr Spain said, given the council agreed to the deal, it could not now claim the rates used to calculate that cost were excessive and try to reduce them.

Rimlex was found to be owed $59,138, with the total bill for restoration of the bridge now $432,677.88.

The council was ordered to pay the full costs of the adjudication, too.

On Tuesday, November 15, Mr Michell said ratepayers could have easily been saved thousands of dollars.

“This whole thing could have been avoided if the council had just spent $400 (on a survey) back when this started,” he said.

Gympie council has been contacted for comment.