South Scotland

Consultant sues Scottish Borders Council for £4.5m

Scottish Borders Council is locked in legal action with a consultant who claims he is owed money for helping to secure a contract for a new waste treatment facility in Galashiels.

Barry Phelps is suing the local authority for £4.5m.

He claims he had a "gain share" agreement and would receive a percentage return calculated on the savings he achieved.

The council insist he is due nothing and have defended the action.

Mr Phelps was employed by the council between December 2008 and February 2012 to help with the 60,000 tonne capacity plant which will treat domestic and commercial waste which would normally have been sent to landfill.

In April 2011 the council awarded the £65m contract to Dorset-based New Earth Solutions.

The consultant was paid a day rate during his employment but he claims there was an additional agreement in place.

A council spokesman said it has spent £30,316 on legal fees which it will recover if the claim is defended successfully.

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