£27k of Kirklees cash is wasted on school’s dispute

Lane school in 2013 but as work proceeded it was found the contract had been under-costed by more than £100,000 by project managers employed by the school.

Bardsey put in an invoice for an additional £150,000 but the school refused to pay or negotiate with the firm.

The dispute was escalated to an independent adjudicator, who largely ruled in favour of the building firm, awarding it £109,000, roughly 80% of what it had claimed.

But the school still did not pay promptly and boss of the firm, Adam Lofthouse, was forced to visit Kirklees Council’s offices in person to demand the money was handed over.

He later demanded a further £158,000 in compensation from the school, but is thought to have been unsuccessful in getting any money.

An email from Bardsey to the governors on September 8, 2015, says: “Your headteacher and all the school governors have caused our company great hardship and discomfort and we will not let you get away with this.”

Documents show fighting the adjudication cost the school £27,000 in legal and professional fees.

A source close to the debacle said: “Alarm bells should have started ringing when the builders said there were all these variations.

“The builder made attempts to resolve it amicably but the school refused.”

The Examiner asked Dr Harris to respond to all the claims and to reveal whether parents had been told about the expensive dispute, but he declined the opportunity.

Our questions were forwarded to Kirklees Council who arranged a response from chair of governors David Thornton.

He said: “Decisions relating to the building works were not made by any individual, they were made collectively by school governors.

“The governors absolutely refute any suggestion that due process was not followed.

“Unfortunately there was a dispute between the school and the contractors.

“An independent adjudicator decided on the contractual position and the payments, which were made so that the contractor received payment as quickly as possible.

“The school has never been in financial difficulty as a result of this issue – there has been no impact on staffing, resources or the school’s high standards of care and education.”

In an earlier statement, confirming the £109,004.51 payment, a Kirklees Council spokesman said: “The school was involved in a dispute with Bardsey Building Contractors Ltd in respect of alterations and an extension.

“It was agreed that an independent adjudicator would be used to determine the contractual position and payments.

“Mr Lofthouse, a director of Bardsey, approached the council regarding payment.

“It was agreed that the council would arrange payment of £109,000, but this was done using the school’s own budget and did not come from council funds. “The council merely arranged the payment on school’s behalf so that the contractor would receive the payment more quickly.

“The sum of £109,000, paid by the school, was not compensation as it was an amount decided by the adjudicator based on the works completed.

“We are aware that Mr Lofthouse sought compensation for other matters, but nothing further was paid.”

The Examiner has attempted to contact Bardsey Building Contractors but its offices at Meanwood Road, Leeds are no longer open.

Companies House records show Barsdey Building Contractors Limited entered a Company Voluntary Arrangement in early 2016 – an insolvency procedure when you cannot pay your debts.

The firm was a few weeks from being dissolved but that procedure has been halted and the status of the company is currently unknown.