Remoteness defence struck out in cladding claim

In Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Limited [2022], the Technology and Construction Court was asked to rule upon the Defendant contractor’s argument that the losses claimed against it were too remote to be recoverable at […]

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Look back in anger: collateral warranties provided retrospectively may qualify as ‘construction contracts’

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 […]

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No Greater Liability Clauses and Collateral Warranties – When Does Limitation Expire?

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 […]

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Understanding Collateral Warranties

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 […]

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