Falkirk Council wins legal battle against contractor over 'poor' roundabout resurfacing

A major Falkirk roundabout is to be resurfaced less than three years after it was last done after Falkirk Council won a dispute against the contractor.

Cadgers Brae roundabout, at J5 of the M9, was resurfaced and new traffic signals installed in 2022 – but the road surface quickly deteriorated, forcing Falkirk Council to make several temporary repairs.

This week, Falkirk Council was able to tell people who had complained about the situation that the dispute had finally been resolved.

A spokesperson said: “The original contractor failed in their contractual obligations, and funds have been recovered through legal proceedings.”

In a letter, the council’s road department said: “Unfortunately, there has been a long-running contractual dispute with the original contractor who conducted the works as to the reasons for the road surfacing failures.

“This matter has only very recently concluded with an independent adjudicator finding in favour of the council on most of the issues raised.

“During this dispute process, the roundabout has been regularly inspected and Falkirk Council has actioned temporary repairs to the surface as soon as possible after they have formed.

“Within the next few months, a permanent repair to the surfacing with new road markings and high friction surfacing will be carried out.”

The council cannot provide a date when the work will start but says it will be “as soon as possible.”

The letter added: “I appreciate there will be frustration from the travelling public on the poor condition and appearance of the roundabout and we are seeking to resolve this as quickly as possible.”

Falkirk Council did not name the contractor involved or give further details about the problems.

The original work was part of the council’s TIF (Tax Incremental Finance) projects, which are funded by borrowing against future business rates created by the new infrastructure projects.

The work at Junction 5 Cadgers Brae started in March 2022 and included new permanent traffic signals to help traffic flow; improved footpaths and crossings for pedestrians; and new cycle lanes and crossings, alongside new road surfacing and street lighting.