These claims are more likely to arise in the renewable energy space, where PI claims have already started to gain traction. This is likely to be a result of having no, or limited, experience of designing and deploying these new technologies, without historical data or designs on which to rely.
The case of MT Hojgaard v Eon  is one of the most high profile PI claims against those involved in the renewable energy space and concerned new wind turbine technologies. An incorrect formula in an international standard for the design of offshore wind turbines resulted in €26 million in costs for remedial works and subsequent litigation to decide who was liable to bear the risk of the error in the international standard and therefore pay the costs. The contract between the parties provided a “fitness for purpose” obligation and the requirement that the design life of the wind turbines would be 20 years. The Supreme Court decided MT Hojgaard, which was engaged by Eon to design, manufacture and install the foundation structures for the wind turbines, owed a contractual duty to ensure the design life of 20 years and that it had breached that duty, notwithstanding that the incorrect international standard relied upon did not provide for this length of time.
The case demonstrates the issues facing construction professionals, particularly those who have to rely on new and relatively untested technologies. Waste to energy, solar energy and hydroelectric energy sectors are also likely to see claims as they gain popularity as alternative energy sources to fossil fuels.