£300k claim after golf course fence damaged by wind

The action is being taken by Guernsey Golf Ltd, which claims that Channel Welders ‘failed to exercise the reasonable skill and care of a reasonably competent contractor’ when it undertook the work.

The fence runs along the edge of the driving range operated by The Golf Club and is parallel to Rohais de Haut, St Andrew’s.

Papers filed in the Royal Court state that the fence was initially about 15m. high and the golf company wanted that raised by five metres.

The fence comprised metal pylons at about 10m intervals with a mesh attached.

Channel Welders quoted just under £25,000.

It was made clear to the company that the netting to be used had to be the same as that already in place.

‘The existing netting was a 28mm mesh with cord size of 1.2mm,’ said the court papers.

‘What was supplied and installed by the defendant was 25mm mesh and 3mm cord size.

‘The defendant was responsible for supplying the netting and ensuring it was fit for purpose. The defendant failed to do so.’

Guernsey Golf Ltd said it suggested to Channel Welders that the support required for the higher fence did not seem adequate, but assurance was given that additional guying or strengthening was not needed. Work was completed on or by 6 December, 2017, said the papers.

But that evening, or early the following morning, one of the fence pylons collapsed onto the driving range.

A representative of Channel Welders attended and said that this was a one-off and that the issue was not with the extension.

Another pylon collapsed on 10 December, this time falling towards the road.

Wind speed on the first occasion was said to be 37 knots (42mph) and on the second, 61 knots (70mph). ‘Neither wind speed was unusual and these types of wind speeds should have been allowed for,’ said Guernsey Golf in its claim.

A report was commissioned by a structural and engineering firm which said that the failure was due to the increased height of the fence and that expert guidance should have been sought to account for the increased stress on the structure.

Another part of the claim is for damage done to the grounds of the driving range when removing the fallen pylons.

Guernsey Golf said it was under pressure from Guernsey Police and the Fire & Rescue Service to have these removed swiftly and due to the short notice it was not possible to put protective matting in place on the ground.

As a result, damage was caused by the crane used to remove the pylons, both to the grass and the underground drainage system.

Guernsey Golf’s claim of breach of contract and/or negligence against Channel Welders has 11 key points, including that it: failed to carry out the necessary checks to account for the additional loading of the fence extension; failed to supply the correct netting; installed the incorrect netting; wrongly gave assurances that the netting was correct; failed to recognise the cause and risk posed by the first pylon’s collapse; and wrongly provided assurances that this was a one-off occurrence.

The financial claim of £309,446.24 includes damaged for ‘distress, loss of business and inconvenience’. Interest and costs are also claimed.

When the matter went before the Ordinary Division of the Royal Court, Advocate Mark Dunster appeared for Guernsey Golf Ltd, with Advocate Simon Geall representing Channel Welders.

Both parties agreed to the matter being placed inscrite, and Channel Welders has up to 28 days in which to file defences to the claims.