WEST Somerset Council could run the risk of a full-scale legal battle after members refused to sign-off a £210,918 overspend on the cost of the authority's new offices.

There were heated exchanges on Wednesday evening as councillors from all sides criticised Cyril Sweett, the firm employed by West Somerset Council to project manage the original £2.8 million cost of building its new offices in Williton.

Despite knowing councillors were unhappy with the overspend - with some fearing the additional charges might not be accurate - the company's project manager Myles Clough said he was unable to produce any evidence to substantiate the figures and was unable to say exactly how they had built up.

He said he had not become involved in the project until March 2009 and told Wednesday's full council meeting: "I don't know the history or the background."

Cabinet members originally agreed to pay the overspend back in October when executive director Adrian Dyer said the figure was far less than contractor Mansell's original demand for £492,930.

He also warned that settling the bill would be far cheaper than the "high risk strategy" of going to arbitration.

But other councillors, led by Cllr Hugh Davies, successfully challenged the decision and in November members of the scrutiny committee were sufficiently concerned to refer the matter back to full council.

That meeting finally took place this week and there was criticism that despite three months elapsing and a trio of council meetings, the information requested by members was still not forthcoming.

Conservative leader Cllr Tim Taylor said it was vital councillors were able to see a paper trail proving the authority had been kept up to date with progress on the build and had been made aware of additional costs as they occurred.

"If we as a council at the time approved extra expenditure we don't have a leg to stand on," he said.

"But if we as a council did not and the advisors did not tell us then there is a debate to be had."

He was supported by Cllr Bryan Leaker, who called for a "fully independent advisor" to be called in to investigate the costs, especially as Cyril Sweett had been paid an additional £73,000 on their own contract due to delays on the project they were managing.

"Clearly we haven't managed this," he said. "We are now trying to make a decision when we don't have all the information."

Cllr Leaker said the council would be foolhardy not to contest the overspend figure amid repeated warnings from council officers and Cyril Sweet senior consultant Malcolm Roberts about the high costs involved in a protracted dispute with Mansell.

Mansell had already warned the authority it was not prepared to lower its demand for £3,093,424 and called for payment "without further delay".

But Cllr Neil Parbrook, backed by Cllr Davies, said the outstanding issues could easily be resolved at one final and informal meeting, providing the information repeatedly requested from council officers and Cyril Sweett was forthcoming.

He said: "'I don't know' is not an acceptable answer to this committee.

"Maybe the outcome is what we have in front of us . . . but I say have one last meeting to get this nailed down once and for all.

"If Mansell chooses to take it further in the interim, so be it, and we will fight them on the beaches."

As other councillors voiced their own disapproval and repeatedly questioned whether there was a paper trail to prove the authority had been aware of the additional costs as they happened, officers conceded they had known.

Steve Watts, who was the council's key officer for the project, said there had been regular meetings with Cyril Sweett and there were written minutes to prove it.

He said officers had been "comfortable" with the overspends and admitted they had signed them off as they went along.

Cllr Parbrook said he was shocked the information had not been put in front of councillors and that Cyril Sweett had been unable to give details either.

Mr Dyer admitted: "It's fair to say the governance arrangements from the outset were not as they should have been."

But Cllr Parbrook's attempt to hold an informal meeting with Mansell, Cyril Sweett, councillors, officers and three members of the public who had challenged the overspend from the outset - Phil Gannon, Gordon Tizzard and Roger House - was thwarted when an 11th hour amendment was suggested.

Council chairman Cllr Eddie May called an impromptu adjournment, giving officers the chance to talk privately with the Cyril Sweett representatives.

And when the meeting was reconvened, Mr Dyer said a new solution had "come to light" and suggested councillors seek to appoint an independent mediator to try and resolve the outstanding issues with Mansell.

After initially claiming mediation would be "cheaper and less of a risk" than arbitration, he then admitted Mansell could refuse to take part and take the authority straight into the arbitration process anyway.

When councillors voted, Cllr Parbrook's proposal was lost by one, while the mediation suggestion, which was led by Cllr Kate Kravis, was won after Cllr May used his chairman's casting vote to swing the decision.

An attempt by Cllrs Paul Tipney and Sandra Slade to simply pay the overspend as it stood was voted down by 13 votes to eight.

Cllr Parbrook said the council was effectively letting the tail wag the dog by going down the mediation route, while Cllr Davies said he was horrified.

"We only wanted a friendly chat to discuss things and now we've been ambushed," Cllr Davies said.

Looking at officers and the Cyril Sweett representatives he added: "You've worked on a solution for us to go to mediation and now you're telling us it could go on further, so we are going to be in real trouble now."

The outcome of the mediation attempt will have to be reported back to full council before any further action can be taken.