Barclays has hit back at consultant Hurley Palmer Flatt in the firms鈥 ongoing High Court battle
Global banking giant Barclays has hit back at consultant Hurley Palmer Flatt in the firms鈥 ongoing High Court battle over the design of a 拢66m data centre in Gloucestershire.
Barclays is suing Hurley Palmer Flatt (HPF) for 拢5.7m over alleged defects in HPF鈥檚 design of a chilled water system used to prevent servers in the data centre from overheating, which it claims led to numerous problems and a multi-million pound repair bill.
Barclays filed its reply to HPF鈥檚 defence in the High Court last month. It claims HPF鈥檚 defence is 鈥渘ot sufficiently clear or particularised for the claimants to understand it.鈥
Barclays alleged in its claim that HPF鈥檚 鈥渘egligent鈥 design led to 鈥渘umerous failures鈥 of components in the chilled water system once installed, which meant it was unable to use the centre to full capacity and had to undertake costly remedial works to correct the issues.
HPF strenuously denied claims of negligence. In its defence, HPF claimed the design was 鈥渓argely but not exclusively the responsibility of HPF鈥 and that it was 鈥渃ontractually obliged鈥 to comply with designs for the chilled water system drawn up by M&E consultant MEIT, which it said was employed by Barclays prior to HPF鈥檚 involvement.
In its reply, Barclays claims that if MEIT鈥檚 design contained defective features - which Barclays denies - HPF was nonetheless 鈥渘ot contractually obliged to retain such features鈥 and instead had 鈥渁 positive obligation to identify any deficiencies in MEIT鈥檚 design and to amend the said design鈥. Barclays also claims HPF鈥檚 design is 鈥渇undamentally different鈥 to MEIT鈥檚 design.
HPF claimed in its defence that Barclays鈥 remedial works, designed by consultant RED and carried out by contractor Interserve, were 鈥渆xcessive鈥 and that problems with the chilled water system could have been rectified more cheaply and more straightforwardly. Barclays denies this and claims the RED scheme is a 鈥渞easonable鈥 measure to 鈥渞ectify HPF鈥檚 negligent design鈥 and was carried out at 鈥渞easonable cost pursuant to a competitive tender process鈥. Barclays also claims in its response to HPF鈥檚 request for further information that it is still paying off the RED scheme, claiming costs 鈥渃ontinue to be incurred鈥.
Both declined to comment further. MEIT, which is not formally a party to proceedings, has previously 鈥渟trongly refuted鈥 any implication it was at fault for the problems.
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