The Construction Contracts Act 2013 provides an entitlement to a party to a “construction ...

Construction Law Update: When can a Dispute under a Collateral Warranty be referred for Statutory Adjudication? – Lexology

The Construction Contracts Act 2013 provides an entitlement to a party to a “construction contract” to refer for adjudication any dispute relating to payment arising under the construction contract.  When may a collateral warranty be deemed to be a construction contract for these purposes? This was a question the Technology and Construction Court (TCC) in England and Wales recently looked at again in the case of Toppan Holdings Ltd v Abbey Healthcare (Mill Hill) Ltd and Simply Construct (UK) LLP. The issue has not yet come before the Irish courts. However, “construction contract” is defined in substantially similar terms in the legislation …

 

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