MT Højgaard a/s v E.ON Climate and Renewables UK Robin Rigg East Ltd [2014] EWHC 1088 (TCC); [2015] EWCA Civ 407; [2017] UKSC 59

Contract: A fitting judgment

Richard Booth reports on a recent Supreme Court judgment highlighting the need for clarity of drafting ‘The case provides categorical confirmation that an obligation to carry out and complete works without defects such that they are fit for purpose cannot be avoided on the basis the employer specified a particular item or design.’ The Supreme …

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Contract: Caution to the wind

Rebecca Williams and David Wright assess the impact of a decision on contractual obligations ‘In the view of the court, given the cracks that had been discovered by GGOWL in the first shipment, the only reasonable course available to Fluor was to carry out an investigation into the true condition of the monopiles and establish …

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Contract: Failing foundations – the legal approach to contractual ambiguity

Jenny Salmon reports on MT Højgaard A/S v E.ON and the lessons to be learned ‘Any warranty as to the length of operational life should have been expressly set out in the contract… and not buried in the technical requirements.’Contracts are the foundation-stone for the legal rights and responsibilities of the parties to any construction …

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