Arup to contest Rugby site collapse breach

Ove Arup is hoping to recover the £844,000 it was ordered to pay Galliford Try following a High Court ruling about an earthworks collapse in Rugby.
Arup is claiming the hefty sum plus costs, which an adjudicator awarded to Galliford last November when he decided the firm had breached its contract. Galliford sued the engineer in a wrangle over who was responsible for the collapse of an earth wall on the Coton Park site in Rugby.
Galliford was to build a distribution warehouse with offices, parking, loading docks and an earth platform for unspecified future construction. Subcontractor Blackwell advised Galliford on the earthworks project and deposited large amounts of fill, creating a 10m-high slope at the site.
Arup claims neither Galliford nor Blackwell had any completed design for the earthworks before the company's appointment to the project in 2000. The company was appointed to prepare options to divert a nearby gas main.
The slope failed in August 2000 and Galliford and Blackwell had to make it safe.
Galliford claimed £844,833 for breach of contract, after the adjudicator ruled Arup failed to design the embankment properly.
Arup claimed the adjudicator's decision was incorrect and has asked the court to reconsider. The company claimed the adjudication was unsuitable for solving complexities such as professional negligence, geotechnical mechanisms, causation or damages. It said Galliford's claims were contentious and raised complex issues. Arup said the adjudicator misunderstood responsibilities under a design and build contract and ignored Galliford and Blackwell's negligence in going ahead with the work without construction drawings.
The company, which paid Galliford £844,833 following the adjudication last November, is asking the High Court to declare it was not liable to pay the money and to order its return. Arup is also seeking £32,045 to cover professional fees and interest. Galliford Try declined to comment on the case.