The UK Supreme Court has upheld the UK Court of Appeal’s April ruling that Denmark’s MT Højgaard is not liable to cover the costs of fixing weaknesses discovered in grouted connections of the foundations at the Robin Rigg Offshore wind farm off the west coast of Scotland.
E.ON Climate and Renewables, the owner and operator of the 180 MW Robin Rigg Offshore wind farm, filed an appeal to the UK Supreme Court after the Court of Appeal in London cleared MT Højgaard of any liability claims, thus overturning the ruling made by the High Court of London in April 2014 which found MT Højgaard liable for the damages.
The Supreme Court’s ruling is final, and the matter is considered to be settled. As a consequence, MT Højgaard will recognise DKK 195 million as income under Special items.
In the period between 2007 and 2009, MT Højgaard designed, fabricated and installed 60 foundations in the Solway Firth for the Robin Rigg Offshore wind farm. Following completion of the works, weaknesses were discovered in the grouted connections of the foundations which MT Højgaard says were a result of errors in the then applicable international standard issued by DNV.
E.ON Climate and Renewables claimed MT Højgaard was responsible for the problem with the grouted connections and that it should pay damages. MT Højgaard denied liability arguing that the group had observed the applicable international standard as required by the client.