The cabinet member for highways has indicated a flyover may not feature at all in any future plans for the Army and Navy roundabout – as Ringway Jacobs comes under fire for “breach of contract”.

In response to a question from Councillor Mick Mackrory on whether bids had been submitted to Government for funding to improve the busy Chelmsford junction, Councillor Kevin Bentley said that capital bids are yet to be made because it is unclear what may feature there.

He said: “We don’t know if it will be a flyover in the future. Something clearly needs to be done around that junction, I absolutely admit that.

“I have set up a task force recently and in due course, and I hope quickly, we will establish what needs to be done there.

“Until we know exactly what needs to be done to alleviate that junction and make it better for future years I don’t know what the bid is for. Once I do I will share it with the council.”

The flyover, which was closed on September 11 due to structural safety concerns, has been independently inspected, the report of which is due to be published later this month.

“Since the decision to close the Army and Navy flyover was made in September a number of actions have been taken to resolve the safety concerns,” Cllr Bentley told Cllr Mackrory in a written statement.

“Repairs are continuing along with investigation and testing of the structure.

“An independent principal inspection was commissioned and has just completed with a final report being prepared over the next couple of weeks.

“I am committed to keeping people updated on all aspects of our work on the flyover and I look forward to providing further details as soon as I am able to do so.”

The flyover was closed for three weeks this summer for maintenance work, but a few weeks later  a routine inspection prompted concerns over a column which has shifted.

The council had earlier heard from an Old Moulsham resident who told councillors the roads nearby had been badly affected by traffic due to the closure.

She added: “I run two small businesses related to the construction industry and regularly see construction contracts.

“It would be extremely unusual for any of these contacts not to include clauses related to non-performance.

“It is obvious to everyone that Ringway Jacobs have not been maintaining the flyover to a safe and suitable standard and I assume therefore they must be in breach of any non-performance clause.”

In response to this Cllr Bentley said: “Before this latest incident the flyover has been maintained to a safe and suitable srtandard.

“It is an ageing structure and as such will continue to need an enhanced level of maintenance but we will continue to ensure it remains safe to use by road users.

“The issue that caused the current closure arose very recently by the extreme long temperature over the summer which was the hottest in 42 years.

“Ringway Jacobs act as the council’s partners in the delivery of highways services in Essex, commissioning surveys and any remedial works on our behalf and the contract we have with Ringway jacobsis rigorously scrutinised in meetings with me and by senior officers of the council.”

He added the flyover is being surveyed by an independent company. The result of that inspection will be released later this month.