Ep.12: adjudicating under collateral warranties

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction are joined by Barry Hembling, a partner in the real estate group of Watson Farley and Williams, to discuss the Court of Appeal's judgment in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823. The court held that the collateral warranty in question was a construction contract, as defined by section 104(1) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), which gave the parties a right to adjudicate their dispute. As part of the discussion, we touch upon the judgments in Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) and Hurley Palmer Flatt Ltd v Barclays Bank plc [2014] EWHC 3042 (TCC).