Toppan and Abbey v Simply

Citation: [2021] EWHC 2110 (TCC)

The Claimants sought to enforce two adjudication decisions.  The issues were:

  1. 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.
  2. Whether VAT was due and awarded within jurisdiction.
  3. Whether interest was awarded within jurisdiction.
  4. 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.

JUDGMENT

Counsel

Tom Owen

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