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Two renewable energy projects; two standards of care; two expensive disputes. What can we learn?

  • The Supreme Court decision in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Ltd and another will be contrasted with the Court of Session decision in SSE Generation Ltd v Hochtief Solutions AG.
  • What obligations did Højgaard undertake? How were those obligations impacted by technical documents?
  • Why did Hochtief avoid liability?
  • What are the consequences for contract drafting?