Pool builder sues North Sydney Council for $28 million over “design flaws”

Construction company Icon – who built the infamous Opal Tower – is suing North Sydney Council for $28 million over the long-delayed renovations of the 89-year old North Sydney Olympic Pool.

The troubled project is years behind and $64 million over budget, and it’s overruns were the main cause of an 87 per cent rate increase for North Sydney property owners.

The Sydney Morning Herald is reporting that a lawsuit was filed in the NSW Supreme Court claiming the council breached its contract by repeatedly revising the roof structure design. The roof was eventually pulled down due to “significant flaws” in 2023 and later replaced.

The North Sydney Olympic Pool redevelopment has triggered a wave of litigation years after some councillors raised concerns about the project.

In a statement of claim, Icon says the time taken to revise the upper roof design and the revisions to the upper roof design and associated works caused them to incur additional costs and delay on the project.

The council is also involved in a separate legal battle with Brewster Hjorth Architects over costs and delays caused by the roof.

The North Sydney Pool rebuild commenced in March 2021 with a planned opening date of November 2022 and an initial estimated cost of $58 million. Swimmers are unlikely to hit the water before 2026 with the total bill estimated at $122 million.

Causes for the delays and overruns include replacement of the steel roof frame and the inability to use the disassembled steel.

North Sydney mayor Zoe Baker told the Herald that 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.

“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,” she said, adding that the council would file a defence to Icon’s claim in due course.

IMAGE: North Sydney Olympic Pool prior to the works commencing