Legal battle brewing over alleged defective work at Tobruk Pool
Defective tiles lining the Tobruk Pool are in the process of being replaced and re-grouted in what could mean a costly legal battle with the Sydney-based firm which laid them just eight years ago.
Cairns
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Defective tiles lining the Tobruk Memorial Pool are in the process of being replaced and re-grouted in what could mean a costly legal battle with the Sydney-based firm which laid the tiles just eight years ago.
The 50m main pool on Sheridan St was closed in July for regular maintenance when it was discovered tiles were lifting out of grout surrounds.
Cairns Regional Council has declined to reveal the cost of the work or the name of the new tiling contractor but has told ratepayers, Sydney-based company ADCO Constructions, which laid the tiles in 2015, has not been re-employed.
ADCO Constructions has denied all responsibility for the lifting tiles, meaning council could now be facing an costly legal battle to recover costs associated with work to remediate allegedly defective installation.
Council’s director of lifestyle and community Destry Puia said council is exploring defect and warranty provisions with the original contractor, including potential claims for compensation.
“A separate local contractor is completing the rectification works,” he said.
“Council thanks the community and patrons for their understanding and patience while the works are being completed.”
Local pool builders were outraged in 2014 that the $23.7m contract was awarded to ADCO, but it was justified by council at the time who said the new pool needed to be built to FINA specifications.
It later emerged that ADCO was being sued for $5m by Marrickville Council over a similar pool project but a Cairns Regional Council report on the 2014 upgrade neglected to mention alleged architectural failings including mechanical, electrical, pool and hydraulic problems.
Mayor Bob Manning at the time defended the choice of ADCO and said if investigations turned up “serious” issues the contract could be terminated, however it never was.
Teams of workers are now on site replacing every floor and wall tile on the 50m pool.
According to council unexpected repairs are on track and will be completed by “mid-December”.
The Sheridan St facility has been plagued by problems and in 2020 just four years after a multimillion dollar upgrade, $350,000 in repairs was needed to edge-grip tiles of both the 50m and 25m pools to make the pools safe.
Placid Pools owner Amanda Spelta said it was reasonable to expect pool tiles to last at least 20 years.
“It has a lot to do with the pool chemical but generally you would expect it to last longer than eight years,” she said.
She said Placid Pools, which has a 30 years history of tropical pool construction, had not been approached to undertake remediation work at Tobruk Memorial Pool and took aim at council for a controversial call in 2014 to not use local contractors.
“It would be good to be using more local companies,” she said.
“It’s about being able to maintain and have a warranty in place, which is a bit hard when you are dealing with a company down south.”
All other facilities, including the 25m outdoor pool, 25m indoor pool, toddler pool, fitness facilities, trampoline park and kiosk will remain open during work on the 50m pool.
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Originally published as Legal battle brewing over alleged defective work at Tobruk Pool
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