As Karen Gidwani explains, this year brought the conclusion to the long-running case of MT Højgaard A/S v. E.ON Climate and Renewables UK Robin Rigg and another ("MTH v. E.ON"). Fenwick Elliott acted for MTH.

As Karen Gidwani explains fitness for purpose is a phrase often used in everyday language in relation to a service or a product that is not working as expected or desired. In construction contracts, however, the concept of fitness for purpose has its own body of case law and analysis, and the effect of including a fitness for purpose clause in a construction contract can be draconian.