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in the recent case of abbey healthcare and simply construct the court of appeals judgment that was handed down on the 21st of june this year answered the following question was the collateral warranty a construction contract within the meaning of section 141 of the housing grants construction and regeneration act 1996. in the tcc at first instance the court had said that it was not section 104 defines a construction contract as an agreement for or in relation to the carrying out of construction operations that term is defined in section 105 by a list of various activities that do or do not meet that definition now the primary significance in abi healthcare of the warranty being in construction contract if ultimately it was was that there would then be a right to adjudicate disputes arising under that contract by virtue of section 108 of the act up to that point the only authoritative guidance on this issue of collateral warranties as construction contracts could be found in the case of