RWE Npower Plc v Alstom Power Ltd & Ors

RWE Npower Plc v Alstom Power Ltd & Ors

There is no express contractual right for the contractor to discharge water from excavations into the Seal Pit or through Outlet Nos. 2 or 3, nor any express obligation on RWE to permit such discharge. The contractor is responsible for disposal of water from the site during construction, and only 'ground water' as...

Source-derived case information.

Parties
Claimant: RWE Npower PLC; Defendant: Alstom Power Limited; Defendant: Alstom Norway AS; Defendant: Alstom Power Sweden AB; Defendant: AMEC Group Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2010
Procedural Posture
Part 8 Proceedings / Judgment
Outcome
Claim dismissed; declaratory answers to Part 8 issues
Legal Topics
Contractual Interpretation, Ground Conditions, Environmental Permits, Disposal of Construction Water
Contract Law Construction Law Contractual Interpretation Ground Conditions Environmental Permits Disposal of Construction Water

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Parties

RWE Npower PLC

Claimant

Alstom Power Limited

Defendant

Alstom Norway AS

Defendant

Alstom Power Sweden AB

Defendant

AMEC Group Limited

Defendant

Procedural Posture

Part 8 Proceedings / Judgment

Legal Issues

  1. 1 Whether the contractor was entitled under the contract or RWE obliged to permit discharge of water from excavations via existing outfall structures
  2. 2 Interpretation of presumed physical ground conditions and scope of sump pumping
  3. 3 Responsibility for obtaining permits for discharge

Ratio Decidendi

There is no express contractual right for the contractor to discharge water from excavations into the Seal Pit or through Outlet Nos. 2 or 3, nor any express obligation on RWE to permit such discharge. The contractor is responsible for disposal of water from the site during construction, and only 'ground water' as defined in the Agreed Conclusion is within presumed physical ground conditions. Inflowing ground water affecting stability or not controllable by sump pumping is outside presumed conditions.

Court Disposition

Claim dismissed; declaratory answers to Part 8 issues

Orders

  • No express entitlement or obligation for discharge of water from excavations via Seal Pit or Outlet Nos. 2 or 3 under contract
  • Clarification of presumed physical ground conditions and scope of sump pumping