Toppan and Abbey v Simply
Citation: [2021] EWHC 2110 (TCC)
The Claimants sought to enforce two adjudication decisions. The issues were:
- Whether a collateral warranty executed after completion of the original works and remedial works was a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996.
- Whether VAT was due and awarded within jurisdiction.
- Whether interest was awarded within jurisdiction.
- Whether the Defendant was entitled to stays of execution.
The Claimant succeeded on issues 2-4. The Court granted summary judgment on one of the enforcements; but not on the other, holding that one of the collateral warranties was not a construction contract.
