Artist behind £1.4m sculpture sued after falling needles cause safety hazard

Opened as a permanent commemoration of the 2002 Commonwealth Games in Manchester, the 184ft B of the Bang is taller and slants at a greater angle than the Leaning Tower of Pisa.

But it quickly ran into major problems when some of the giant steel spikes began toppling 80ft to the ground.

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An exclusion zone was created under the sculpture and it was nicknamed Kerplunk by residents near the site adjacent to the City of Manchester Stadium after the popular children's game in which thin sticks are plucked from a tube.

Now council bosses are to sue the award-winning designer Thomas Heatherwick for breach of contract and negligence.

They have filed papers with the High Court and say it will cost around £2million to make the giant sculpture safe.

Manchester City Council says discussions aimed at getting the designer to make the sculpture safe broke down and it has been forced to take legal action.

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Although smaller than Nelson's Column, the B of the Bang – so called because sprinter Linford Christie said he started his races on the "B of the Bang" from the starter's pistol – is classed as the tallest freestanding sculpture in the UK because it does not have a plinth or column.

Mishaps include:

• Costs rocketing from £750,000 to £1.42million because the winning quote to build it did not include installation.

• An 18-month delay of the official opening to January 2005.

• Within two weeks one part of the structure became detached and had to be repaired.

• Spikes began falling off causing the closure of a nearby road.

• Last month a spike showed major defects and was removed.

• A further nine spikes have been removed for testing or as precautionary measures.

Norman Rylance, 57, who lives near the sculpture, said: "It looks impressive but sways rather alarmingly in high winds.

"Pedestrians have to steer a wide berth."

Mr Heatherwick, who owns a £1.5million house in Central London, has built a reputation for creating dramatic public works.

The legal action has been taken against Thomas Heatherwick Studio and its sub-contractors.

No one from the studio would comment