The beleaguered ВЈ45m project suffered a catalogue of delays finally completing in 2006 three years late and ВЈ27m over budget.
Mowlem, which is now part of Carillion, was the main contractor. Since its opening Bath Spa has been plagued with technical problems including condensation, clouds of mould on the walls and faulty foot spas.
The councilвЂ™s court action follows CarillionвЂ™s move in August to sue BANES for ВЈ2.4m.
In a statement BANES said: вЂњThe councilвЂ™s position is that significant costs which it incurred in relation to the Bath Spa are the result of design and/or workmanship issues, for which Carillion and/or Nicholas Grimshaw & Partners (NGP) are responsible.вЂќ
Carillion and NGP were unavailable for comment as CJ went to press.
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