Police called to site of Midwater Main Beach amid stoush between Tomkins and York Property

The builder behind a stalled $100m tower at Main Beach has made dramatic claims about a disturbance which saw police called to the site amid a fiery payment dispute. Read what they said

The developer of a stalled $100m tower at Main Beach has rubbished claims it locked workers inside in a deliberate move to stop subcontractors removing tools, sparking a police call-out.

Police were called to the site of the Midwater tower – where work has stopped over a fiery payment dispute between Tomkins Commercial and Industrial Builders and developer York Property Holdings – about 9.30am on Tuesday.

Officers were met by security guards, some with dogs, with the site’s main access gate locked.

Workers in hi-vis Tomkins vests and hard hats could be seen inside the fence, while others dressed in business attire could be seen outside.

Police were seen talking through the fence with those inside the site, at the corner of Main Beach Pde and Cable St.

Police were called to the Tomkins building site at Midwater Main Beach on the Gold Coast, September 3, 2024.

Work stopped on Thursday at the site of the $100 million tower amid a deepening stoush between the builder and developer.

In a statement, Tomkins said “Heran Group on Tuesday locked the gates to the Midwater site while workers were inside”.

“This created a workplace health and safety risk for our workers on site,” the statement said.

“It is understood Heran Group locked the access gates to the site in an effort to prevent subcontractors from removing their tools, which would allow them to work on other sites.

“Tomkins Commercial and Industrial Builders will not be commenting further.”

Police were called to the Tomkins building site at Midwater Main Beach on the Gold Coast, September 3, 2024.

York Property said the site’s Superintendent issued Tomkins an instruction last Friday not to remove any material from site without his prior approval.

The company said Tomkins had continued to remove building material over the weekend and on Monday, prompting the Superintendent to issue another instruction advising Tomkins that the site would be secured to prevent more being removed without approval.

York’s statement said Tomkins workers used grinders to remove padlocks used to secure the site.

“Tomkins claim they were removing material from site so it was safe,” it said.

“One would have to ask the question how they can claim it’s not safe up in a tower that required Tomkins to use a tower crane to remove the material.

A tower crane lowers materials from the Midwater development at Main Beach on Monday, September 2. Photo: Kathleen Skene

“York is not aware of the Superintendent’s securing of the site creating any workplace health and safety risk.

“There are three or four access points on the site and only two were padlocked - which Tomkins cut with grinders straight away - and there was no work being performed on site as Tomkins had suspended all work under the contract.”

York said neither it nor the Superintendent would stand in the way of subcontractors removing their own tools.

“This comment is false,” the company said.

“The Superintendent has invited Tomkins to set out what equipment and materials are required so the Superintendent can approve their removal.

“Tools have in fact continued to be removed from site today with the approval of the Superintendent.”

Police were called to the Tomkins building site at Midwater Main Beach on the Gold Coast, September 3, 2024.

A statement from police said they were “called to a civil dispute”, after a “disturbance involving a group of men”.

“Police negotiated with both parties for a mutually agreed outcome,” the statement said.

“No one was injured in the incident and no further police action was required.”

The 39-storey, 119-apartment project is being developed by York, part of the Heran Group, and is under construction by major builder Tomkins.

Tomkins claims it hasn’t been paid, a claim the developer denies.

York has lodged a court application it said was aimed at removing Tomkins’ site manager from the project.

It is one of three cases in which Tomkins is currently a respondent, with the company saying it intended to defend one and lodge a counterclaim to another.

Do you know more about this or are you a buyer in this project?

Email [e-mail]

Originally published as Police called to site of Midwater Main Beach amid stoush between Tomkins and York Property