Jurisdiction(s):
United Kingdom

Offshore wind foundations and fitness for purpose: MT Højgaard v E.ON - design life warranties, testing obligations and 'business common sense' construction (England and Wales Court of Appeal)

Published on: 12 May 2015

Published by a LexisNexis Construction expert

Legal News

Article summary

Original news MT Højgaard a/s v EON Climate and Renewables UK Robin Rigg East Ltd and another [2015] EWCA Civ 407

The parties entered into a contract for the design and installation of offshore wind turbines. Defects arose in the foundations, prompting a dispute over who should bear the cost of remedial works. At first instance, the judge decided the claimant contractor had breached a warranty that the foundations would provide a 20‑year service life, but had not breached other clauses alleged by the defendant employers. The Court of Appeal, Civil Division, allowed the claimant’s appeal, finding there was no such warranty. The defendants’ cross‑appeal also succeeded, as the claimant had failed to comply with a provision concerning testing of the designs.

What was this case about?

The dispute centres on a specific design issue of fundamental concern to the various stakeholders involved in the design and construction of offshore wind farms. For context, it is helpful to grasp the technical set‑up—an offshore wind farm is, in essence, a cluster of turbines mounted on monopiles driven into the seabed. The base of the turbine tower needs to be...

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