Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP)

Subject Matter

BUILDING — Contract — Adjudication — Collateral warranty executed post completion and post remedy of latent defects by new contractor — Whether warranty constituting construction contract giving party right to refer dispute to adjudication — Housing Grants, Construction and Regeneration Act 1996 (c 53), ss 104, 108

[2021] EWHC 2110 (TCC); [2021] Bus LR 1357; 197 Con LR 241; [2021] WLR(D) 436, QBD

BUILDING — Contract — Adjudication — Defendant contractor post-completion executing warranty in favour of tenant — Warranty relating to past and future performance of defendant’s obligations under building contract — Whether warranty in principle capable of constituting “construction contract” giving beneficiary right to refer dispute to adjudication — Whether execution of warranty after completion of works preventing it from being construction contract — Housing Grants, Construction and Regeneration Act 1996 (c 53), ss 104, 108

[2022] EWCA Civ 823; [2022] Bus LR 1079; 203 Con LR 1; [2022] WLR(D) 266, CA

BUILDING — Contract — Adjudication — Defendant contractor post-completion executing collateral warranty in favour of tenant — Warranty restricted to replicating defendant’s obligations to employer under building contract — Whether qualifying as “construction contract” so as to give beneficiary right to use statutory adjudication process — Housing Grants, Construction and Regeneration Act 1996 (c 53), ss 104(1), 108

[2024] UKSC 23; [2024] Bus LR 1263; [2024] 4 All ER 905; [2024] WLR(D) 320, SC(E)

Appellate History

Commentary

4 New Square Chambers
Adjudication and Collateral Warranties – Supreme Court Decision in Abbey v Simply Case comment

Local Government Lawyer
The Supreme Court on whether collateral warranties are construction contracts Case comment