18 November 2008
Manchester City Council has settled out of court over the design and construction problems of the sculpture B of the Bang.
Designers Thomas Heatherwick Studio has agreed to pay the council £1.7 million and court proceedings will no longer go ahead.
The council lodged court papers in October 2007 against Thomas Heatherwick and its subcontractors Packman Lucas, Flint and Neill Partnership and Westbury Structures to try to solve the ongoing design and construction defects in the sculpture, which was built as a memorial to the 2002 Commonwealth Games, held in the city.
The 184 ft sculpture weighs 165 tonnes and is made up of 180 sharp spikes. But in January 2005, one of the spokes fell off and four months later another had to be removed because it was loose. A third was removed for the same reason in September 2006.
As a result, the sculpture continued to be fenced off. The council therefore issued proceedings at the technology and construction court in the High Court for funds to carry out a programme of remedial works.
In October 2007, chief executive of Manchester City Council, Sir Howard Bernstein said that the project had taken "too long to bring forward although we have given the artist and their subcontractors every opportunity to remedy the situation. Our forbearance has now been tested to the full.”
"As a public body with financial responsibilities, we have absolutely no alternative but to commence legal proceedings and see this matter through to its ultimate conclusion, if that proves necessary."
Today, Susan Orrell, city solicitor from the council said: "The settlement allows the council to recover substantial damages and avoid further cost and the risks that are always associated with legal proceedings.
"I am pleased we have reached a settlement that is, in my view, in the best interests of the council and now that this has been achieved, it means the council can move on and consider the options for the future of the structure in conjunction with the project's funders. When this work is completed a report will go to the council's executive in the New Year."
The defendants, Thomas Heatherwick Studio and its subcontractors Packman Lucas, Flint and Neill Partnership and Westbury Structures added:
"The B of the Bang sculpture was an ambitious and ground-breaking design. It is a matter of considerable regret to all of us that the sculpture that was intended to symbolise the outstanding success of the Manchester Commonwealth Games has suffered the problems that have come to light. We are pleased that a settlement has been reached to the proceedings.”.
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