OCU Modus has been ordered to pay more than £2.6m after a High Court judge found a firm it bought two years ago was liable for defects in underground cables installed to connect a solar farm project.
A judge at the Technology and Construction Court last week found in favour of Southern Electric Power Distribution (SEPD), the electricity distribution network operator for Central Southern England.
OCU Group acquired London-based Modus in 2023, but the case related to work carried out by Modus in 2016.
The case centred on a dispute over the extent of defects in work by Modus to connect Wroughton Airfield Solar Park, Wiltshire, to SEPD’s substation at Toothill. The solar farm is among the UK’s biggest, covering around 183 acres.
Cable circuits were energised on 23 March 2016 but they failed within days. SEPD’s investigation found that sheath testing had been compromised by missing copper mesh near the solar farm substation.
Subsequent inspections revealed multiple faults including sheath damage, missing cable markers, substandard jointing and unsafe backfill materials.
A review by Lloyd’s Register led to Modus’ suspension from the National Electricity Registration Scheme.
A separate technical report by EA Technology identified widespread workmanship failures and recommended that both cable circuits be replaced.
SEPD claimed the cost of interim repairs was £188,900. On top of this was the cost of the entire replacement of the two circuits, the operator argued.
However, OCU Modus claimed that no further remedial works were required over and above interim repairs, and remedial works should have been limited to replacing some or all of the joints, the ruling said.
Michael Smith, representing OCU Modus, questioned whether SEPD should be compensated for “implementing a Rolls Royce solution to a Ford Escort problem”, the judge’s ruling said.
However, Mr Justice Constable found that Modus was “not prepared to carry out or fund any technical solution acceptable to SEPD”.
In his ruling, he said: “By reason of Modus’ defective work… the decision to carry out the remedial works in this way was both reasonable, and caused in law by the underlying breaches and defective circuits.”
He ruled that SEPD’s claim was successful for the sum of £2,642,237 plus costs.
In a statement to Construction News, OCU Modus said: “The judgment relates to activities undertaken in 2016 by Modus, seven years before OCU Group acquired the business and integrated it into operations in 2023.
“This case was entirely managed and resolved by the former shareholders of Modus, and OCU Group had no involvement in handling or resolving it. We respect the court’s decision and appreciate the closure of this longstanding issue.
“OCU Group was not involved in the work leading to this dispute. Our acquisition was structured with a clear awareness of this liability.
“Provisions were made within the transaction to address it, and the previous shareholders committed to resolving any legacy issues associated with it to meet our high standards.
“It is important to clarify that this historical matter has not impacted the robust and ongoing partnership we maintain with Scottish and Southern Electricity Networks.
“OCU Group is dedicated to maintaining the highest quality and compliance standards across all parts of our operations.”
It is understood OCU Modus is unlikely to appeal the decision.
Wroughton Airfield Solar Park was developed in 2016 on land owned by the British Science Museum on what was a former RAF airfield.
The farm, also known as Swindon Solar Park, was sold by WElink Energy to investment firm Rockfire Capital in 2016.
SEPD was contacted for comment.
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James Wilmore