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

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Published on: 04 August 2021

Published by a LexisNexis Construction expert

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.

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