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Are collateral warranties construction contracts under the Construction Act?

The background

This question was addressed for the first time in a recent judgment of Mr Justice Akenhead in the Technology and Construction Court. In a decision likely to have wide-ranging consequences for construction, the ruling indicates that collateral warranties can be considered a construction contract under the Housing Grants etc. Act (Act). Though the court was at pains to emphasise that each individual case would be decided on its merits, it has the potential to cause considerable problems for the industry in the future.  More…