Kategori: Litigation

Before a contractor began site works, he obtained information – which he is required to do – from the register in which all Danish cable owners register the location of lines and cables. The information showed that a fibre cable was located right where the contractor was to carry out excavation, however, when the contractor began the digging, there was no fibre cable.

The contractor carefully continued digging in the area in which the cable had been registered to be, and eventually the machines commenced the actual excavation. Meanwhile, it showed out that the cable had been placed about 2 meters away from the location that had been provided in the register, and it resulted in the contractor destroying the cable.

The phone company claimed damages and the decisive question was of course how far away from the location registered, did the fibre cable actually lay?

Jacob Fenger, partner at Holst, represented the contractor, and his services comprised, among others, a survey report of the digging location at which the situation was re-created, and the distances were mapped out very precisely. This entailed that both the district court and the High Court acquitted the general contractor, and the judgment now constitutes a benchmark on how similar cases shall be decided – and where the contractor must expect a deviation of 0.5-1 meter compared to what has been registered, whereas 2 meters is too much.

The only thing left to do after a contractor had completed a harbour extension, was the final tidying-up, and this was left for an employee to handle. The employee had to wait for a truck which was to help carry out a heavy lift; however, the truck kept the employee waiting so he decided to approach a local trader with an excavator and asked for help, and when making the lift, the employee became injured.

Hence, the employee claimed damages from the contractor, and first time around the employee succeeded in the district court. The contractor then approached Holst, and partner Jacob Fenger carefully began investigating the matter.

Jacob went through a large number of phone calls between several of the parties involved, and this survey made clear that what the employee had explained in the district court did not correspond with what – according to the phone calls – had actually taken place.

The thorough clarification of all details meant that the Danish High Court ruled in favour of the contractor who was thereby acquitted for a substantial claim for damages.