The Court of Appeal in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] has clarified that subject to their wording, collateral warranties may constitute construction contracts within the meaning of s104(1) of the Housing Grants, Construction and […]

Generally, claims brought outside the relevant limitation period will not be entertained by the courts. It is crucial therefore that parties know the date by which they must bring a claim. In the recent case of Swansea Stadium Management Company […]

What sanction will the courts impose? Failure by contractors to provide performance security documents and collateral warranties is a common concern for employers. The recent case of Liberty Mercian Ltd v Cuddy Civil Engineering Ltd and Cuddy Demolition and Dismantling […]

In the recent case of Parkwood Leisure Limited v Laing O’Rouke Wales and West Limited, the Technology and Construction Court had to consider whether a collateral warranty could constitute a ‘construction contract’ for the purpose of section 104 of the […]

Why do collateral warranties need to be provided? What should you look out for when providing a warranty? The use of collateral warranties has become so widespread that it is now quite rare to see a construction project which does […]