Monthly Archives: August 2017

On Shaky Ground: the Robin Rigg case

MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Ltd & Anor [2017] UKSC 59

The proceedings in this case arose from the fact that the foundation structures of two offshore wind farms, which were designed and installed by MT Højgaard A/S (“MTH”), failed shortly after completion of the project. The issue for the court to determine was whether MTH was liable for this failure.

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Filed under Breach of contract, Contractual interpretation

Judgment alert: UKSC decision on design and installation of windfarm foundations

MT Højgaard A/S (Respondent) v E.ON Climate and Renewables UK Robin Rigg East Ltd and another (Appellants)

The issue in this case is whether a contract for the design and installation of foundations for an offshore windfarm in the Solway Firth imposed a fitness for purpose obligation on the contractor amounting to a warranty that said foundations would have a service life of 20 years.

The UK Supreme Court unanimously allowed the appeal, holding that the windfarm foundations neither had a lifetime of twenty years, nor was their design fit to ensure one.

Access the UKSC judgment  here

For a non-PDF version of the judgment, please visit: BAILII

For Court’s press summary, click here

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Filed under Breach of contract, Contractual interpretation