A sculpture created to mark the 2002 Commonwealth Games in Manchester has been declared unsafe and its creator is being sued for £2 million after metal spikes started to fall off in high winds.

Thomas Heatherwick, who designed the B of the Bang project and has won international standing as the creator of some of Britain’s most exciting public art, is facing a High Court action by Manchester City Council.

The vaulting ambition of the 180-tonne structure, a starburst of enormous metal spikes that dominates East Manchester, was designed to seal the artist’s reputation. But his company is being sued for negligence and breach of contract by Manchester City Council. The council says that the structure remains unsafe. Four years after it was due to be completed it remains fenced off.

The council is understood to have taken the action after repeated pleas to the artist and his engineers elicited little response. It says that major work is required to ensure the work’s safety.

The sculpture, designed as a lasting memorial to the 2002 Commonwealth Games and depicting the moment the starter’s pistol explodes into life, is now a sorry sight on the periphery of Eastlands, formerly the City of Manchester Stadium.

Discarded metal spikes lie on the ground and, for a short period, the road had to be closed to traffic because of safety fears.

Meanwhile, costs spiralled from an estimated £750,000 to £1.42 million – because the successful bid did not include the cost of installation. The opening was put back from July 2003 to January 2005. But within two weeks of the opening, spikes began to fall off, leading to the closure of a near-by road. Tests were carried out to discover why the structure was moving around so much in high winds. In September 2006 a further spike showed dangerous signs and was removed. Another nine were taken down for testing or as a precautionary measure.

Meanwhile, Heatherwick, 36, has been fêted by the art world, receiving an honorary doctorate from the Manchester Metropolitan University. At the ceremony in July the artist described B of the Bang as “close to his heart”. He assured critics that the problems would be ironed out because it was a “beautiful and important project for Manchester”.

Thomas Heatherwick Studio, the company based in King’s Cross, London, acknowledged that there had been serious problems. It said: “The finished structure has not been without problems but when the hoardings are removed B of the Bang will form the main gateway to the new City of Manchester stadium and a landmark for the area.”

The council has now started legal proceedings against Thomas Heatherwick Studio and its subcontractors, Packman Lucas, Flint and Neill Partnership and Westbury Structures.

Sir Howard Bernstein, the council’s chief executive, said: “I want to emphasise the council’s commitment to securing a structurally sound and viable B of the Bang on this site. We want a lasting memorial to the Games.

“The project has taken too long to bring forward although we have given the artist and their subcontractors every opportunity to remedy the situation. Our forbearance has now been tested to the full. As a public body with financial responsibilities, we have absolutely no alternative but to commence legal proceedings and see this matter through to its ultimate conclusion, if that proves necessary.”

The council has lodged papers with the High Court and a hearing is expected to take place next year.

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