This article considers when a collateral warranty might be considered a construction contract for the purposes of the HGCRA and thus gives parties to that contract the right to adjudicate. This article will also consider what options are available if no right to adjudication exists.
Collateral warranties & construction contracts
Collateral warranties essentially bridge the contractual gap between parties upstream and downstream of a middle party, such as employers and sub-contractors separated by the contractor, or funders and contractors separated by the employer.
