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CONTRACT: Caution to the wind

10 March 2017  

Rebecca Williams and David Wright assess the impact of a decision on contractual obligations

The recent decision of the Technology and Construction Court in the case of Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] contains important guidance on fitness-for-purpose obligations, particularly in relation to the offshore wind energy generation industry. The judgment of Edwards-Stuart J should also give parties careful pause for thought when considering entering into agreements to waive their rights to future claims.

Additional Info

  • Case(s) Referenced:

    Australian Knitting Mills Ltd v Grant [1933] 50 CLR 387

    Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2062 (TCC)

    MT Højgaard a/s v E.ON Climate and Renewables UK Robin Rigg East Ltd [2014] EWHC 1088 (TCC)