Gone with the wind: conflicting terms in building contracts
Posted by Web Master 6 on September 6, 2017 3:30 PM EDT
The Robin Rigg Wind Farms in the Solway Firth are the first commercial offshore wind farms in Scottish waters. They were designed and installed by MT Hjgaard ("MTD") for two companies within the E.ON group ("E.ON") following a competitive tender, but their foundation structures failed shortly after completion of the project. The tender documents from 2006 contained certain Employer's Requirements, which included Technical Requirements ("the TR"). Part 3.2 of the TR contained two key requirements:
1. Paragraph 18.104.22.168(i) required MTH to prepare the detailed design of the foundations in accordance with a document known as J101; and
2. Paragraph 22.214.171.124(ii) required that "the design of the foundations shall ensure a lifetime of 20 years in every aspect without planned replacement.The choice of structure, materials, corrosion protection system operation and inspection programme shall be made accordingly".