In the ordinary course of business pre-contract statements1 may be made which may be enforceable, for example, as collateral contracts or warranties2. In the construction industry it is common for special contracts or warranties3 to be made or given to enable a person to pursue a remedy otherwise than through a contractual chain of responsibility because it may not be practicable or possible to do so. For example, nominated sub-contractors are generally required to give undertakings to the employer as to design where a main contractor is or may not be liable for that design
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