RUGBY FOOTBALL UNION V CLARK SMITH PARTNERSHIP LTD AND ANOTHER

[2022] EWHC 956 (TCC), Technology and Construction Court, Eyre J, 29 April 2022

Alleged defects in construction project – Insurance arrangements – Whether effect of insurance arrangements was to prevent claimant from recovering losses from defendant

The claimant entered into a number of contracts in connection with works to Twickenham stadium as part of the preparation for the 2015 Rugby World Cup. The contract packages the subject of the present litigation concerned the installation of high voltage power cables in buried ductwork. The first defendant was engaged to design the ductwork and the second defendant to install it. The claimant alleged that there were defects in the ductwork which caused damage to the cables when they were pulled through and the losses alleged to have been suffered as a consequence included the sum of £3,334,405.26 as the cost of replacing the damaged cables. The claimant alleged that the two defendants were responsible for these losses but the defendants denied that they were so liable.