In Abbey Health Care (Mill Hill) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP, the Supreme Court has recently considered whether a Collateral Warranty could be a “ construction contract ” in accordance with section 104(1) of the Housing Grants, Construction and Regeneration Act 1996, which gave the parties a right to adjudicate. They found in that case that the Collateral Warranty was not a “ construction contract ” and as such there was not a statutory right to adjudication under the Act. In doing so they agreed with an earlier High Court decision and disagreed with the Court of Appeal. This note provides an overview of the different decisions. The note can be accessed here.
