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Can a purchaser take a legal assignment of only part of a collateral warranty?
This will depend upon the terms of the warranty in question.
If the underlying building contract or consultant appointment (and any associated warranties) are based on industry standard forms and/or reflect the market norm, it would be unusual for assignment of part of the warranty to be permitted.
Ask for a new collateral warranty...
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Becky Johnson is a solicitor specialising in non-contentious construction law. Becky also has experience in advising in connection with construction disputes, including adjudication. Becky joined Lexis®PSL in 2014. She qualified as a solicitor at Olswang LLP in 2009 and subsequently joined Wedlake Bell LLP in 2011. Becky is experienced in advising clients across the construction industry including developers, funders, contractors, consultants and specialist sub-contractors in relation to all matters relating to construction projects.
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