Is a collateral warranty a construction contract?
16/07/2024
Case review: Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23
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I am a Construction Solicitor in the Commercial and Infrastructure Department. I advise clients in relation to transactional matters and in their capacities as tenants, purchasers and funders of construction projects. In particular I draft, negotiate and advise on construction documents and contracts, including:
- Letters of Intent;
- Building Contracts;
- Consultant Appointments and Deeds of Novation;
- Collateral Warranties and Letters of Reliance;
- Security Documents (e.g. Parent Company Guarantees, Performance Bonds)
I also have experience dealing with construction dispute resolution, including acting on adjudications and advising in relation to settlements.
I have acted for a variety of clients across both the public and private sectors, and include the NHS, local authorities, housing associations, funders and private developers.
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- Acting for East Village Management Limited on the housing redevelopment of the London 2012 Olympic Village, including placing the professional team appointments and advising in respect of JCT D&B documents;
- Advising on Maidstone & Tunbridge Wells NHS Trust in relation to a new student accommodation development and third party interests in respect of the provision of collateral warranties and letters of reliance to the funding party;
- Advising London Borough of Havering in respect of its Family Welcome Centre to assist families with temporary accommodation and shared living spaces and a health centre;
- Acting for NHS Property Services on a variety of projects in their capacity as employer of constructions works, including advising on two pre-construction services agreements for health centres at Kings Lynn and Rackheath.
- Acting for NHS England in respect of the new Bromley Health and Wellbeing Centre, in particular progressing the completion of construction documents in relation to the sub-contractors’ works.
- Advising Unity Property Homes in respect of the development and refurbishment of Leeds Media Centre.
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