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On appeal from [2015] EWCA Civ 407

The case considered 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 Supreme Court unanimously allowed the appeal, holding that the windfarm foundations neither had a lifetime of twenty years, nor was their design fit to ensure one. As such, the Court held that the respondent would be liable for the violation of the Technical Requirements, para 3.2.2.2 The Court concluded that, applying ordinary principles of contractual interpretation, the Technical Requirements are not too weak a basis on which to rest a contention that the respondent had a liability to warrant that the foundations would survive for twenty years or would be designed so as to achieve twenty years of lifetime.

For judgment, please download: [2017] UKSC 59
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (20 Jun 2017 morning session) (20 Jun 2017 afternoon session)