Why complying with an agreed international standard can still
land you in stormy waters.
In a decision that may come as a shock to many, and that will
have potentially wide-reaching ramifications for English law
contracts, the UK Supreme Court has overturned the Court of
Appeal's decision in the long-running Robin Rigg offshore wind
farm dispute, by finding in favour of E.ON Climate & Renewables
(E.ON).
This decision could significantly affect the risk assessment of
existing contracts, as well as insurance and finance arrangements,
in the offshore wind farm sector and beyond.
In its judgment, the Supreme Court has held that:
- In giving effect to the natural
meaning of the words used by the parties, the contractor, MT
Højgaard (MTH), was under an obligation to ensure that the
foundations at Robin Rigg would have a minimum lifetime of 20
years.
