MT Højgaard A/S (Respondent) v E.On Climate & Renewables UK Robin Rigg East Limited and another (Appellants)
Case ID: UKSC 2015/0115
Whether a contract for the design and installation of foundations for an offshore windfarm 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 appellants employed the respondent contractor to design and build the foundations for a windfarm. The foundations were designed in accordance with an international industry standard which contained a flaw. The foundations failed soon after they were built. A dispute arose over which party was liable for the remedial work. The respondent contended that it had complied with its contractual obligations and issued proceedings seeking a declaration that the appellants should pay, but was unsuccessful; the judge found that the respondent was in breach of a contractual warranty that the foundations would have a service life of 20 years. The Court of Appeal upheld the respondent’s appeal on the basis that the contract only required that the foundations should have a "design life" of 20 years, meaning that they would probably, but not necessarily, function for 20 years. The appellants submit that the contract imposed a fitness for purpose obligation which did amount to a warranty for a service life of 20 years".
- E.On Climate & Renewables UK Robin Rigg East Limited
- E.On Climate & Renewables UK Robin Rigg West Limited
MT Højgaard A/S
Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge
Hearing start date
20 Jun 2017
Hearing finish date
20 Jun 2017<
|20 Jun 2017||Morning session||Afternoon session|