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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Exclusion Clauses: Incorporation and Reasonableness

In our article in May 2017 we considered the case of Goodlife Foods Limited (“Goodlife”) v Hall Fire Protection Limited (“Hall”) which concerned a widely drafted exclusion clause. In a unanimous decision, the Court of Appeal has now upheld that […]

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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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Adverse Weather Conditions

What are your contractual rights when adverse weather delays your works? How can you maximise your entitlement to additional time and cost? It is almost inevitable that adverse weather conditions will affect the progress of construction projects during the winter. […]

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