This week will mark one year since significant damage was caused to Eden residents houses and vehicles in a botched road stabilisation project involving lime dust.
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The incident caused damage estimated to be in excess of $335,000, but the buck continues to be passed, with both Bega Valley Shire Council (BVSC) and roadworks contractor Stabilco refusing to accept liability, leaving residents stuck in the middle.
There had been previous talk of a class action, which Councillor Robyn Bain now says is the "only way forward".
The insurer of the contractor Stabilco has this week had a lawyer respond to a letter of demand sent in April by a representative of the group of affected residents.
The lawyer maintains a denial on behalf of Stabilco, stating that of the three operators involved in the road stabilisation project, one was employed by council to operate the water cart and that despite the conditions being unsuitable, the site supervisor, a council employee, allowed the works to proceed.
The letter states that on the day of the incident the wind conditions were not favourable and BVSC should have halted the works.
According to the legal representative for Stabilco, council failed to ensure the water cart was operating in suitable conditions for the addition of water to the stabiliser.
Further to this, the legal representative said that prescribed tests and checks are conducted to meet required technical specifications and those records are kept by the contractor, but that works on the day were as directed by the council employed site supervisor.
Read more: 'Ridiculous' refusal of responsibility
The legal representative said they had contacted council in February of this year to request details of the contractor who was operating the water cart, but have had no response to date.
A representative for the group of residents said Stabilco are "throwing council under the bus".
"It is frustrating Stabilco are now trying to drag another party into the equation," the representative said.
"I have to agree the conditions weren't right and the works should have been halted.
"The letter is with our lawyers at the moment, it will be interesting to see what response we receive, but essentially this is going to go backwards and forwards until someone accepts liability.
"Meanwhile, cars are deteriorating and roofs are rusting, leaving residents stuck in the middle," the representative said.
Cr Bain said it was good to at least have some information after 12 months, "because they have never answered emails until now".
However, it raised more questions than it answered.
"I asked council if they had had any correspondence with Stabilco and they said 'no' - somebody is telling fibs here," she said.
Cr Bain has now sent a letter to staff and mayor Russell Fitzpatrick, flagging the matter for further discussion at the next council briefing.
"Who was responsible for the water cart?" said Cr Bain.
"The only way is for the group's lawyers to start the class action process. At least Stabilco have acknowledged the incident happened and there has been damage. Until now people have basically pretended if they don't talk about it it will go away.
"It's annoying people won't fess up to their mistake.
"For council to say they have passed it on to their lawyers, I don't think that's good enough either. Where does it start and finish? These are the people that pay taxes to council," Cr Bain said.
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