When is a collateral warranty not a construction contract? (Toppan Holdings v Simply Construct)

Table of contents

• What are the practical implications of this case?
• What was the background?
• The facts
• The legal background
• What did the court decide in Toppan?
• Case details

Article summary

Construction analysis: In the first reported decision on this issue in several years, the court grappled with the matter of whether a collateral warranty was a construction contract for the purpose of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and whether the claimant had a right to adjudicate under it. The court found that the collateral warranty was not a construction contract, attaching particular importance to the question of when it had been executed. Written by Jonathan Schaffer-Goddard, barrister at 4 Pump Court.