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