EAST Devon District Council has refused to look into whether the firm which built Exmouth's Mamhead slipway is to blame for it falling into disrepair.
The slipway, which could cost around £400,000 to fix, at the docks end of the seafront, is the main launch and recovery point for boat users.
But it has been closed since last August when erosion of the sea bed below the slipway forced East Devon District Council to close the ramp. Investigations have since been made by the authority to work out the best way to proceed.
At the meeting of the cabinet in July, councillors will consider two slipway replacement options, either a like-for-like replacement or the construction of a longer, wider and re-aligned structure offering better facilities for water users.
Watersport businesses reacted to the closure with dismay, concerned about the impact on their activity and on tourism.
The ramp was constructed and signed off in June 2000 by Seastructures Ltd on behalf of Rockeagle Ltd (a predecessor brand of Eagle One) as part of a Section 106 agreement.
Exmouth resident and boating enthusiast Tim Todd has now questioned the 12-year lifespan of the slipway and has called on the council to investigate whether the original contractor is liable.
However, a spokesman for the council said the Exmouth Regeneration team, made up of officers and councillors, deemed an investigation an ineffective use of council resources due to the difficultly in proving liability and the cost and time involved.
Mr Todd, said: "Surely if a construction job like this fails after 12 years it has something wrong with it?
"The repair work is going to cost hundreds of thousands and will fall on the taxpayer.
"Exmouth boat users are losing out, as are businesses as visiting boaters are having to go elsewhere. The lack of facilities for water users is appalling."
In August last year the council commissioned an inspection report of the slipway by Royal Haskoning to identify defects and highlight any structural issues that required attention.
Three options were debated by councillors on the Exmouth Regeneration Project Board who narrowed it down to two. Costing is now being investigated and reports will be presented to the cabinet next month.
A council spokesman, added: "This is an important and complicated project which needs to be done right.
"Our judgement is that it would be very hard to prove any liability, given that the design was prepared by a civil engineering consultant and the contractor's work was certified by them as being complete.
"We should concentrate on what's going to get East Devon a new deep water slipway quickest, rather than risk considerable delay and legal expense."
