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ARTICLE · 16 FEBRUARY 2024

Construction & Engineering - Horizon Scanner Infrastructure January 2024

Arthur Cox
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We looked at ongoing UK litigation about the extent to which a collateral warranty may be considered to be a construction contract for the purpose of referring a dispute to adjudication:

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ADJUDICATION

We looked at ongoing UK litigation about the extent to which a collateral warranty may be considered to be a construction contract for the purpose of referring a dispute to adjudication: Construction Law Update: Court of Appeal in England & Wales finds that Collateral Warranty was a "Construction Contract" for the purposes of referring a dispute for Statutory Adjudication.

The UK Supreme Court is due to hear the appeal in this case in Q1 of 2024. Given that the definition provided for "construction contract" in the UK legislation is substantially the same as in the relevant Irish legislation, the outcome will be of interest to practitioners in Ireland, where it could be persuasive authority.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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