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The City of Kingston has advised that it was aware of legal matters faced by the ADCO Group in relation to a previous project when it appointed the Melbourne-based builder to construct its new aquatic centre in Mordialloc.

As reported in the Chelsea Mordialloc Mentone News, ADCO Group Pty Ltd and its nominee director John Conroy were charged by the Victorian Building Authority (VBA) in February of this year in relation to the collapse of the roof of the Kew Recreation Centre during construction in late 2022. The builder is facing a total of 18 charges.

Set to be the most expensive project in Kingston Council’s history, the Mordi Aquatic Centre will cost $87.5 million to construct, with the Federal Government spending $20 million and the rest of the cost to be covered by the Council and its ratepayers. Council paid $14.6 million for the land opposite Jack Grut Reserve.

In July last year the Council appointed ADCO to build the facility.

As reported in the Chelsea Mordialloc Mentone News, iIn response to a question at a public meeting last month, City of Kingston General Manager of Infrastructure and Open Space, Samantha Krull stated “at the time of tendering the Mordi Aquatic Centre project, we were aware that there had been a roof collapse at the Kew Recreation Centre and that ADCO was the head contractor on the project.”

City of Kingston Chief Executive, Peter Bean noted “ADCO are well-known in the industry and have recently successfully delivered the Carnegie Memorial Swimming Pool and are currently working on Hawthorn Football Club’s Kennedy Community Centre. When ADCO was appointed in July 2024 the industry was aware of the incident at the Kew Recreation Centre, with charges later made by the VBA in February 2025.

“Before appointing contractors on any of our major projects, we put in place strict oversight and planning measures including independent probity experts, financial guarantees, and independent technical experts to oversee all aspects of design and construction. Construction of the new Mordi Aquatic Centre is progressing well, and we are looking forward to delivering a fantastic multi-generational asset for our community.”

Kingston Council’s response to a resident question last month read “through the tender process, the tender evaluation panel requested clarification from ADCO on measures that had been put in place subsequently, which showed they had done a thorough review and updated their QA systems. Council’s due diligence undertaken through the tender evaluation process was overseen by an independent probity advisor. Council’s lawyers provided advice and drafted the contract with ADCO.”

A media release from the VBA read that the filing of charges “follows a two-year VBA investigation into the collapse of a large section of a structural steel framework during the redevelopment of the Kew Recreation Centre.

“The VBA alleges ADCO Group knowingly carried out building work outside of what was allowed under their building permit. This includes that the company fabricated and erected a steel roof truss containing four spliced sections, instead of a single length of steel as required under the permit. The VBA also alleges that the welding of the structural steel framework was non-compliant and the steel used in the truss did not meet Australian standards.

“If found guilty ADCO Group’s nominee director John Conroy could face imprisonment and a fine of up to $108,000 on each charge. The company also faces fines of up to $540,000 for each offence.”

ADCO managing director Neil Harding said “as this matter is now before the courts, we are bound by confidentiality and cannot provide any further comment. However, we can advise that this matter involves complex issues and investigations with evidence yet to be assessed.”

ADCO has previously stated that it is strongly defending the charges.

The case will return to the Magistrates Court on 19th May.

Last month, Greater Dandenong Council approved ADCO as the builder for its new $108 million aquatic and wellness centre.

The Council had been earlier delayed its decision to award the contract when Councillors expressed concern about the VBA charges.

Image: Concept design for the Mordi Aquatic Centre in Mordialloc. Credit: City of Kingston.

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