Part 1 Task Description
Whilst every effort has been taken to make the technical aspects of the problem at least vaguely plausible, you may believe as a result of your own personal expertise and knowledge that all or some of the problem is unrealistic. Such beliefs are irrelevant to this assignment.
There are some references to FIDIC standard form contracts. Detailed knowledge of the working of the FIDIC contracts is not expected as you are mostly required to demonstrated knowledge and understanding of fundamental contract law aspects discussed in the module. Owing to issues with securing access to the most recent FIDIC contracts, older contract forms are used.
In your answer, please entirely disregard any impact which the Housing Grants Construction and Regeneration Act 1996 (as amended) could have on matters in issue.
The scenario has been located in a real part of England, with real physical and legal characteristics, but it is in all other respects fictious.
The Lune Forest Wind Farm is in the North of England, near Appleby-in- Westmorland. The Developer, Grun Power plc (“Grun Power”), faced enormous challenges in securing planning consent for the development, because it is located in a designated Area of Outstanding Natural Beauty with extremely restrictive planning policies. Grun Power considered these challenges worth facing because the chosen turbine locations on Mickle Fell and Backstone Edge had average annual wind speeds of over 10 m/s, some of the most powerful and consistent in England and ideal for the competitive generation of electricity.
The planning process was very costly for Grun Power, requiring extensive consultation with local people and the preparation of numerous expert reports relating to wind patterns, environmental impact etc. In addition, Grun Power had to agree to extensive investment into local infrastructure as a condition of the eventual granting of planning approvals. Owing to these factors, Grun Power did not have enough money to proceed with the whole Lune Forest Wind Farm in one go and instead decided to build out the Mickle Fell Scheme first, with the intention to follow on with the Backstone Edge Scheme two years later, before the planning permission expired (the Mickle Fell and Backstone Edge schemes each had their own specific planning permission).
The planning permissions were granted on 6 March 2020. They were on the basis that each turbine would consist of a rotor with a diameter of 80 metres comprising 3 glass fibre reinforced resin blades, each around 39 metres long, all mounted on a 78 metre high tubular steel tower. The rated generator output for each turbine would be 2,000 kW. Initial ground investigations, required for planning permission purposes, indicated that piled foundations would not be necessary, hence each foundation would comprise simply an anchor cage cast into reinforced concrete, set on a thin bed of concrete blinding.