UK Supreme Court to Decide on Robin Rigg Case on 3 August

first_imgOn 3 August, the UK Supreme Court will hand down the judgement in the case of MT Højgaard vs. E.ON Climate and Renewables regarding the Robin Rigg offshore wind farm.The decision will be made on the liability for the costs of repairing the foundations, considering whether the contract for the design and installation of foundations for the offshore wind farm imposed a fitness for purpose obligation on the contractor amounting to a warranty that said foundations would have a service life of 20 years.On 20 December 2006, E.ON and MT Højgaard signed a contract for the design, fabrication and installation of the foundations for the wind turbines at Robin Rigg, after E.ON accepted the tender the company submitted in July of that year. In November 2006, MT Højgaard and Rambøll submitted a detailed Foundation Design Basis document, since Rambøll was hired by MT Højgaard to carry out the design work on the project.MT Højgaard completed the foundation installation in February 2009.The error in an equationThe facts of the legal case are that from 2007 to 2009, MT Højgaard designed, fabricated and installed the foundations that shortly after the completion of the installation started showing weaknesses in the grouted connections as a result of errors in the then applicable international standard issued by DNV, known as J101.During a hearing in 2013, an engineer employed by Rambøll, who had designed the grouted connections, said he complied with good industry practice and all the provisions of J101, which was applicable at the time.The same year Robin Rigg foundations were installed, an issue was discovered at the Egmond aan Zee wind farm in the Netherlands, which caused the grouted connections to fail and led to the transition pieces starting to slip down the monopiles. The same issue started to cause trouble at the Robin Rigg wind farm the following year.The problem at the Dutch offshore wind farm led DNV to carrying out an internal review during August/September 2009.The company discovered that there was an error in the value in a specific parametric equation, which was wrong by a factor of about 10, meaning that the axial capacity of the grouted connections at Horns Rev 1, Egmond aan Zee, Robin Rigg and certain other wind farms had been substantially over-estimated, according to a court document.DNV sent a letter to MTH and others in the industry on 28 September 2009, alerting them to the situation and subsequently revising J101 to correct the error.The grouted connections at Robin Rigg started to fail in April 2010 with the transition pieces starting to slip down the monopiles.The court floorFirst, E.ON and MT Højgaard embarked on jointly finding a solution to the problem and then agreed that E.ON would develop a scheme of remedial works. These works started in 2014.The legal proceedings have been initialised to ascertain who should bear the cost of the remedial works, with the legal case taking place simultaneously with the development of the remedial works, during which the companies agreed the cost of the remedial works are EUR 26.25 million, leaving the court to decide who should pay the price.In 2012, MT Højgaard applied for declarations as to the cost of the remedial works and who should bear that cost, claiming it had exercised reasonable skill and care and complied with all its contractual obligations, and should thus have no liability for the cost.In the amended defence and counterclaim, E.ON claimed there were numerous breaches of contract by MT Højgaard and counterclaimed for declarations to the effect that MT Højgaard was liable for the defective grouted connections.The legal action came before a judge in November 2013. In April 2014, the first ruling went against MT Højgaard, but the company filed an appeal, and the Court of Appeal reversed the ruling in favour of MT Højgaard in April 2015. The court upheld MT Højgaard’s appeal on the basis that the contract only required that the foundations should have a “design life” of 20 years, meaning that they would probably, but not necessarily, function for 20 years.E.ON appealed this decision from 2015 before the Supreme Court, claiming that the contract imposed a fitness for purpose obligation on MT Højgaard amounting to a warranty that said foundations would have a service life of 20 years.The court(s) found Rambøll not negligent in its design of the grouted connections, explaining that it was reasonable to comply with the provisions of the J101 standard and to adopt the stated value for the parametric equation.Offshore WIND Stafflast_img read more


Kyle Lowry, Raptors acknowledge he needs to play better

first_imgLowry, 32, has shot below 37 percent from 3 just twice since the 2010-11 season. He’s at a disappointing 33 percent this year, which makes it easy to forget he shot 52 percent (19 for 36) from long range through the season’s first six games.”As the leader of this team, I have to figure out how to play a lot better offensively,” he said.A player of Lowry’s pedigree shouldn’t be expected to struggle for too long, and if his headstrong play is any indication, the most pragmatic way for him to end his slump will be to shoot his way out of it. NEW YORK — Kyle Lowry has been mired in a shooting slump since the end of November. For a veteran in his 13th season, the solution is simple: If one thing is not working, make a difference elsewhere.For Lowry, that alternative has been distributing the ball. The All-Star point guard leads the NBA with 10.1 assists per game and has 11 double-doubles, second-most in the Eastern Conference behind Philadelphia’s Ben Simmons (18). Prior to 2018-19, Lowry had never averaged more than 7.0 assists in a season. “Honestly, I think he’s taking the back seat and sacrificing for the greater good of the team,” backup point guard Fred VanVleet told Sporting News. “Right now, we got a lot of guys trying to find their offense and find our shots. I think from his perspective, he would just be another guy shooting.”MORE: Raptors president Masai Ujiri addresses Kyle Lowry’s comments about their relationshipLowry’s extra passing has been effective and the Raptors’ league-best record (21-6) has not been hurt much by his slump, but his playing style has been likened to a bulldog — aggressive and headstrong, capable of pushing through obstacles — which makes his hesitation to shoot, regardless of those struggles, surprising. Over his past four games, Lowry is shooting just 21 percent (8 for 37) from the floor and a meager 18 percent (5 for 27) from beyond the arc.”Probably not, probably not,” coach Nick Nurse said when asked whether Lowry is being as aggressive as he would prefer. “I’d like for him to be a touch more aggressive. He’s like a lot of players; when he’s feeling the stroke, he’s going to be aggressive. When it’s not quite feeling right, he’s going to try to do other things.”#Raptors coach Nick Nurse on wanting Kyle Lowry to be more aggressive shooting the [email protected] pic.twitter.com/ha4kXtbxmX— Mark Suleymanov (@TheMARKOut1) December 8, 2018The Raptors can overlook Lowry’s shooting woes if the team is winning, but they’ve lost two of their past three games and Lowry is just 3 for 20 from 3 during that stretch.”He’s in a little bit of a turn-a-few down mode right now,” Nurse noted. “We don’t want him to do that. I want him to shoot 10 3s a night. Once he starts doing that consistently, we’ll be happy.”Stuff like this is why you have to love Kyle Lowry. Get’s knocked down, sprints up the floor, and then continues to hustle and get his team an extra two points. I know he’s struggling but this dude is a winner. pic.twitter.com/41Pk91Eqbh— Mike Bossetti (@mikebosports) December 8, 2018With a towel draped over his head and slouched in a chair at his locker, Lowry spoke in low tones as he tried to make sense of the ​Raptors’ overtime loss on Friday in Brooklyn. The Raptors had won 12 in a row over the Nets and Lowry posted a triple-double his last game at Barclays Center on March 23. On Friday, he had just three points on 1-of-8 shooting (1 for 7 from 3) and a team-high 11 assists.He missed a triple in the extra period that would have given the Raptors a two-point lead with 49 seconds remaining.”[I] have to play better. I don’t make excuses and I don’t have any excuses to make,” he said. “I’m just not playing well, so it’s as simple as that. I have to play better. I hold myself to a high standard and I have to play better.”MORE: Kyle Lowry opens up on Raptors’ DeMar DeRozan trade: ‘I felt betrayed’last_img read more


Lakers’ Magic Johnson unapologetic about public trade negotiations with New Orleans Pelicans

first_imgThe hard-edged message seemed to be received in the locker room. Particularly Kyle Kuzma and Brandon Ingram, who were openly floated as key pieces in a potential trade for Davis, said they appreciated Johnson’s presence in Philadelphia after a sometimes tumultuous stretch.While the message wasn’t particularly novel, it reinforced some lessons learned in the last few weeks.“People get traded, people get put on the block, people are always in trade rumors and that’s just how it is,” Kuzma said. “That was our first time around, and a lot of us kind of let it get to us, but as professionals, we can’t.”Johnson might have also opened himself to a potential fine, after answering a media question about the Philadelphia 76ers’ Ben Simmons. He told reporters that he admired Simmons’ game, and that he would potentially meet with the guard over the summer to discuss ways he might improve if the 76ers, Lakers and NBA were to “sign off” on such a meeting.The Hall-of Famer has been fined before for a similar instance, when the league slapped him with a $50,000 penalty for talking about Milwaukee star Giannis Antetokounmpo. Johnson said he thought the Bucks forward would someday lead the franchise to a championship.Related Articles Lakers, Clippers schedules set for first round of NBA playoffs Trail Blazers beat Grizzlies in play-in, earn first-round series with the Lakers Johnson also came to Sunday’s game to greet the team’s new acquisitions: Mike Muscala and Reggie Bullock. The Lakers, Johnson said, had coveted Bullock for some time and were finally able to make a deal in the week leading up to the deadline. Muscala was more of a late-arriving opportunity when the Lakers saw he had been traded to the Clippers and thought they might want a stretch big man.Johnson also marveled at the moves made in the East, including Philadelphia’s trade to bring in former Clipper Tobias Harris as a starting forward. He emphasized that he expects to see the Lakers on track to the postseason as well, given the moves the team has made.“I’m so excited – and we want to be a part of it,” he said. “That’s what I want everybody focused on. I don’t want them focused on this other stuff. What happened, whose name was mentioned, all that. That’s over with.”If it seemed to be a brisk transition, it’s because the Lakers can’t afford to lose focus. Their loss on Sunday night dropped them back to .500, and didn’t bring them any closer to escaping 10th place in the West.Johnson’s visit seemed to mark the closing of a door: This is who the Lakers are for the rest of the year. Neither Johnson nor the players seemed much interested in rehashing the last two weeks.“Everybody always preaches professionalism and buying into the team, and we’re past the trade deadline,”Kuzma said. “We honestly should stop talking about it because it really doesn’t matter right now. The only thing that matters is trying to get into the playoffs.” AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREUCLA alum Kenny Clark signs four-year contract extension with PackersThe admission came after an often chaotic week for the Lakers: a locker room argument last weekend in Golden State; a lopsided loss in Indiana on Tuesday; a game-winner in Boston on Thursday; three players traded away in return for two newcomers.Hanging over it all was the question if the Lakers could pull off a deal for Davis, a 6-foot-10 big man widely considered one of the best two-way players in the NBA. Details of negotiations leaked to the press, including various trade packages the Lakers offered with combinations of their current players. That led to some unrest in the locker room, as players admitted that they had been inundated by speculation over their careers.But on this subject, Johnson was unapologetic. He said the Lakers didn’t make the negotiations public, but also said that’s how many deals are made: “We didn’t make it in public, but that’s part of it. That’s what happens, man.”While he flew to Philadelphia in part to confer with players and talk to them both as a group and in more informal small groups, he also felt that the Lakers should have tough skin when it comes to being in trade rumors. He accused reporters of treating players “like babies” and insisted that they would be able to persevere.“I’m not the guy, ‘Oh, I’m going to go up and hug guys,’ – I’m not that dude,” he said. “And they’re ready to go. So, let’s not belabor that point, like all of the sudden everyone is upset over maybe being traded, maybe not.” Trail Blazers, Grizzlies advance to NBA play-in game; Suns, Spurs see playoff dreams dashed center_img Lakers practice early hoping to answer all questions PHILADELPHIA – After the Lakers spent the last two weeks chasing New Orleans’ Anthony Davis in trade talks, team president Magic Johnson seemed to acknowledge the deal was never going to happen before the Feb. 7 trade deadline.Just three days since the deadline passed with the six-time All-Star remaining on the Pelicans roster, Johnson was asked if he thought the negotiations the Lakers had before the deadline were in good faith.He said no.“We knew that basically at the end of the day what happened, happened, and we knew that when we first started in terms of what happened,” he said. “But hey, it is what it is.” How athletes protesting the national anthem has evolved over 17 years Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more