Lawsuit threatens to derail Sydney Football Stadium rebuild
One of the two bidders in the contest to rebuild the Sydney Football Stadium, Multiplex, is suing the government’s designers and structural advisers on the new stadium over work they did together on Perth’s Optus Stadium.
The dispute threatens to derail the tender process the Berejiklian government has put in place as it seeks to rebuild the SFS for the amount promised at election — $729 million.
The government has already had to re-tender for the project after Lendlease pulled out earlier this year, saying it needed more funds to build the stadium than had been promised during the March election.
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Lendlease demolished the old Allianz Stadium at a cost of $40 million and former sports minister Stuart Ayres announced the company as the demolition and construction contractor before the election.
After Lendlease pulled out, AW Edwards was also invited to bid but elected not to do so.
In the lawsuit lodged in the WA Supreme Court, Multiplex claims Cox Architects services were “inadequate, erroneous, inconsistent with accepted practice at the time” and Cox misled Multiplex as to the quality of its architectural services, amounting to “conduct in the course of trade or commerce that was misleading or deceptive … which caused loss … in contravention of the Australian Consumer Law”.
Similar claims are being made against Arup group in terms of geotechnical work and pedestrian movement modelling.
A spokeswoman for Multiplex says: “We are in communication with both Cox and Arup who understand the status of the writs which have been lodged but not served. It will have no impact on the potential delivery of the Sydney Football Stadium and we would welcome the opportunity to deliver another world-class stadium together.
“Multiplex has worked with Cox and Arup on a number of projects and we expect to continue our positive working relationship with both parties on future projects.”
NSW Sports Minister John Sidoti has referred the matter to Infrastructure NSW.
An Infrastructure NSW spokesman says: “Infrastructure NSW had no involvement in the delivery of Optus Stadium in Perth. Any matters regarding legal proceedings on this project should be directed to the relevant parties.”
The statement of claim against Cox lodged by Multiplex last week stated that: “In about 2012 or 2013 the plaintiff and the defendant entered into an agreement pursuant to which the defendant agreed to provide consulting services to the plaintiff with regard to … architectural design, interior design and landscaping for the Perth Stadium for the purpose of the plaintiff submitting a bid for the design and construction of the project.
“In providing the architectural services, the defendant made representation to the plaintiff, on which the plaintiff relied to its detriment, regarding the quality, adequacy, suitability and/or fitness of the Architectural Services.
“Those representations were false and … amounted to conduct in course of trade … that was misleading, deceptive or likely to mislead or deceive, which caused loss to the plaintiff in contravention of Australian consumer law.”
This article originally appeared on www.theaustralian.com.au/property.
