6 September 2022

When a collateral warranty is a construction contract – Daniel Burr and Sophie Togwell write for the Property Law Journal

Construction Senior Associate, Daniel Burr, and Associate, Sophie Togwell, have written for the Property Law Journal, on necessary criteria for defining a collateral warranty as a construction contract.

“It was held that, for a warranty to be a construction contract, it must be an agreement for the carrying out of construction operations, meaning it must relate to the performance of works rather than just the quality of work.”

Their article references the outcome of a recent Court of Appeal decision, which states that a collateral warranty can be a construction contract under s104 of the Housing Grants, Construction and Regeneration Act 1996.

The pair go on to discuss the case, its issues, and the wider practical implications of the ruling.

This article was first published in Property Law Journal 400 (September 2022) and is also available on lawjournals.co.uk.

The full article can be read here.

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