Builder takes council to court for $28 million over botched North Sydney Pool redevelopment.

By ANNA USHER

The construction giant rebuilding North Sydney Pool is taking the local council to court, seeking $28 million in compensation over the botched rebuild of $122 million project.

Lawyers for Icon filed a claim for damages in the NSW Supreme Court on Monday, alleging Council breached its contract with repeated design revisions of the roof structure, which was pulled down due to “significant flaws” in 2023.

Icon alleges the need for the redesign, together with close to 300 modifications to the plans over an 18-month period, caused significant delays to the project and led to a massive blow out in costs.

They claim those additional costs included dismantling already erected structures, removing material no longer required, purchasing new equipment and materials, delaying and replacing subcontractors to perform work on the site, and in one case, the need to hire a tower crane and its four-man crew.

“Icon says that the time taken to revise the upper roof design and the revisions to the upper roof design and associated works caused icon to incur additional costs and delay on the project,” the summons read.

“Icon claims an extension of time and adjustment to the contract sum, the repayment of liquidated damages levied by North Sydney Council and/or damage for breach of contract.”

Icon is seeking $28m in damages for breach of contract, an adjustment to the overall contract sum, a formal extension of time and legal costs.

North Sydney mayor Zoe Baker said Icon’s claim was “not a surprise”, and the council had anticipated such litigation since mediation talks with the builder and architects collapsed last year.

“The failure of the structural steel is the source of considerable time delays and cost recurrences,” Baker told the Sydney Morning Herald on Thursday.

“Council is confident the litigation with Icon and the architect will allow the responsible parties to be held accountable for the costs and delays to the project.”

Baker said the council would file a defence to Icon’s claim in due course.

The legal development is the latest in a string of woes for the pool project, which was originally forecast to take 18 months to complete and cost $64m.

It has now ballooned out to $122m.

The redevelopment of the Milsons Point pool, which opened in 1936, includes upgrades to the indoor and outdoor pools, a grandstand for 970 spectators, a children’s water play area and an expanded gym. There will also be a spa and sauna, and a revamped Ripples café.

Latest forecasts have pushed the “practical completion” of the pool to November, meaning it would not be ready to welcome the public until early 2026.