Glendoe hydro scheme tunnel collapse goes to Supreme Court

The project at Glendoe was closed in August 2009, mere months after it was opened, and did not resume until August 2012.

In April this year SSE Generation won more than £100m in compensation in its claim against contractor Hochtief at the Court of Session before the Lord President, Lord Carloway, sitting with Lord Menzies and Lord Glennie.

The engineering company has now appealed.

In his opinion, Lord Glennie wrote: “I consider that the collapse of the tunnel was indeed due to a defect existing at takeover. Further, I consider that that defect was not due to the contractor’s design of the works but rather to the implementation of that design.”

He added: “It follows from this, in my opinion, that the collapse of the tunnel was a contractor’s risk in terms of section 81.1 of the contract; and the defenders are liable to the pursuers for the costs of repairing the tunnel. On that basis I would allow the reclaiming motion.”

Photo credit: UK Supreme Court