MT Hojgaard v EON Climate and Renewables and another
Citation:  BLR 55.  CILL 3523,  EWCA Civ 710
Nature of case:
This matter concerned an appeal by MT Højgaard and a cross-appeal by E.ON of the decision of Mr Justice Edwards-Stuart concerning responsibility for the failure of the grouted connections at the Robin Rigg offshore wind farm. The Court of Appeal allowed MT Højgaard’s appeal, holding that there was no ‘fitness for purpose’ obligation within the construction contract. E.ON’s cross-appeal was allowed in part holding that MT Højgaard had failed to justify its decision not to use shear keys by reference to test data, but also holding that this failure would not have revealed the error in the relevant code and thus made an order for nominal damages only.