Collateral warranties and third party rights

View Construction by content type:

News

Practice notes

Precedents

Q&As

Latest Construction News

Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

The following Construction news provides comprehensive and up to date legal information on Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

Construction weekly highlights—22 July 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—22 July 2021

Featured Construction content

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by...

Management contracting

Management contractingThis Practice Note provides an overview of Management Contracting and why this type of procurement is used.The most popular...

Advance payment bonds

Advance payment bondsAn advance payment bond is a particular form of performance bond, invariably written as an 'on demand' instrument. See Practice...

JCT collateral warranties

JCT collateral warrantiesA warranty'>collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract...

Practice notes

Differences between adjudication and other forms of dispute resolution

Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...

Produced in partnership with 4 Pump Court 19th May

Practice notes

Prohibited or deleterious materials

Prohibited or deleterious materialsWhat are prohibited or deleterious materials?Most building contracts, sub-contracts, consultants’ appointments and...

19th May

Practice notes

Responsibility for Employer's Requirements

Responsibility for Employer's RequirementsThis Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It...

19th May

Practice notes

JCT Pre-Construction Services Agreement

JCT Pre-Construction Services AgreementThe JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to...

19th May

Q&As

What is a design responsibility matrix?

What is a design responsibility matrix?A design responsibility matrix is a tool used in construction projects to allocate responsibility for the...

19th May

Practice notes

Reasonable skill and care in construction contracts

Reasonable skill and care in construction contractsThis Practice Note considers the obligation for contractors and consultants providing services...

19th May

Practice notes

Oversail licences

Oversail licencesWhy have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space...

19th May

Practice notes

Loss and expense

Loss and expenseClaims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and...

19th May

In-house

Q&As

What is the relevance of the Base Date in the JCT Design and Build Contract?

What is the relevance of the Base Date in the JCT Design and Build Contract?The Base Date is relevant in respect of a number of clauses in the JCT...

19th May

Practice notes

Time at large in construction contracts

Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...

19th May

Practice notes

Early use and partial possession

Early use and partial possessionTaking occupation before practical completionThe default position in most building contracts is that the contractor is...

19th May

Practice notes

Sectional completion

Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...

19th May

Practice notes

Extensions of time under construction contracts

Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...

19th May

COVID-19

In-house

Practice notes

FIDIC contracts—introduction to the Silver Book 2017

FIDIC contracts—introduction to the Silver Book 2017In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This...

Produced in partnership with Victoria Tyson of Corbett & Co 19th May

In-house

Practice notes

MF/2 Rev 2 (1999)

MF/2 Rev 2 (1999)'MF/2' is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the...

19th May

Practice notes

Introduction to the HGCRA 1996

Introduction to the HGCRA 1996The need for legislation in the construction industryThroughout the 1980s and the early 1990s, the construction industry...

19th May

Most recent Collateral warranties and third party rights content

Precedents

Third party rights notice—construction

Third party rights notice—constructionNOTICE CONFERRING BENEFIT OF THIRD PARTY RIGHTS[By recorded delivery][Name of grantor of third party...

16th Jul

Practice notes

New home warranties

New home warrantiesThis Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on...

1st Jul

Q&As

Can you assign only part of the benefit of a collateral warranty?

Can you assign only part of the benefit of a warranty'>collateral warranty?Various parties will usually have an interest in a construction project, eg...

10th Jun

Precedents

Consultant form of collateral warranty to employer (post novation)

Consultant form of warranty'>collateral warranty to employer (post novation)Date [insert date] 20[insert year]Parties1[insert name of Consultant]...

8th Jun

Q&As

In relation to copyright clauses within collateral warranties, what is meant by ‘Such licence shall entitle the Beneficiary to use and reproduce the Copyright Materials for an extension but such use shall not include a licence to reproduce the designs contained in them for any such extension’?

In relation to copyright clauses within collateral warranties, what is meant by ‘Such licence shall entitle the Beneficiary to use and reproduce the...

5th Jun

Q&As

How could the funder of a ‘first purchaser’ of a construction development obtain rights against the construction/design team?

How could the funder of a ‘first purchaser’ of a construction development obtain rights against the construction/design team?It is standard market...

5th Jun

Q&As

What can you do if a party refuses to provide a collateral warranty?

What can you do if a party refuses to provide a warranty'>collateral warranty?An employer may require several parties involved in a construction...

5th Jun

Q&As

What is the position in tort where a subcontractor who, acting for a main contractor, commits an act which causes the employer to suffer loss? Under what circumstances is the duty of care owed/breached by the main contractor, and when is it transferred to the subcontractor?

What is the position in tort where a subcontractor who, acting for a main contractor, commits an act which causes the employer to suffer loss? Under...

Produced in partnership with Julie Morrissy 5th Jun

Q&As

Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?

Can you delete professional indemnity provisions in a warranty'>collateral warranty where the contractor has not undertaken any design work?A...

Produced in partnership with David Sawtell of 39 Essex Chambers 5th Jun

Q&As

If a tenant receives a collateral warranty (including step-in rights) from a consultant prior to the consultant's novation to the contractor, does the tenant require another collateral warranty from that consultant post-novation, or will the original collateral warranty (and step-in rights) survive the novation?

If a tenant receives a warranty'>collateral warranty (including step-in rights) from a consultant prior to the consultant's novation to the...

Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 5th Jun

Q&As

Does an employer incur liability in respect of a complaint (from a homeowner) that its contractor has completed defective, faulty works (which do not meet the contractor's obligations under the contract but cannot be remedied by the contractor) and that contractor is now (i) insolvent; and (ii) released from any and all liabilities in respect of the works under an earlier settlement agreement between the employer and the contractor? If neither the employer nor the contractor incur liability, where would a complaint in respect of the faulty works be directed?

Does an employer incur liability in respect of a complaint (from a homeowner) that its contractor has completed defective, faulty works (which do not...

5th Jun

Q&As

Pursuant to an agreement for lease, a landlord is constructing a building for the tenant and has provided collateral warranties to it from the professional team. The landlord is now intending to mortgage the freehold simultaneously with completion of the lease at practical completion. Does the landlord need to procure new collateral warranties in favour of the bank as presumably the tenant wouldn’t permit assignment of those in its favour? Also, there is a novation agreement attached to the consultant’s letter of appointment (allowing for novation to the contractor)—how will this sit with the lender?

Pursuant to an agreement for lease, a landlord is constructing a building for the tenant and has provided collateral warranties to it from the...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 5th Jun

Q&As

Can a collateral warranty, issued 18 years ago, be assigned to a subsequent purchaser in order to permit them to bring a claim for defects which have been discovered recently?

Can a warranty'>collateral warranty, issued 18 years ago, be assigned to a subsequent purchaser in order to permit them to bring a claim for defects...

5th Jun

Q&As

Does an employer still get the benefit of a collateral and/or manufacturer’s warranty if it carries out remedial works itself or will it lose the benefit?

Does an employer still get the benefit of a collateral and/or manufacturer’s warranty if it carries out remedial works itself or will it lose the...

Produced in partnership with Ryan Turner of Lamb Chambers 5th Jun

Q&As

Will funders, purchasers and tenants accept standard form collateral warranties?

Will funders, purchasers and tenants accept standard form collateral warranties?The standard forms of warranty'>collateral warranty that parties...

5th Jun

Q&As

If works are omitted from a contract and given to a different contractor, what is the effect on the original contractor's collateral warranty and is a new warranty required from the second contractor?

If works are omitted from a contract and given to a different contractor, what is the effect on the original contractor's warranty'>collateral...

5th Jun

Q&As

What should a lender know when evaluating the professional indemnity cover of consultants, contractors and sub-contractors in a collateral warranty and what is the difference between a ‘per claim or series of claims’ basis as opposed to a ‘per occurrence or series of occurrences’ basis in a collateral warranty?

What should a lender know when evaluating the professional indemnity cover of consultants, contractors and sub-contractors in a warranty'>collateral...

5th Jun

Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the...

5th Jun

Practice notes

Consumer Code for Home Builders

Consumer Code for Home BuildersWhat is the Code?The Consumer Code for Homebuilders (the Code) came into effect in April 2010. It is an industry-led...

5th Jun

Precedents

Consultant form of collateral warranty (with optional step-in clauses)-Consultant friendly

Consultant form of warranty'>collateral warranty (with optional step-in clauses)-Consultant friendlyDate [insert date] 20[insert year]Parties1[insert...

5th Jun

First
1
2
3
Last

Collateral warranties and third party rights

View Construction by content type:

Latest Construction News

Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

Construction weekly highlights—22 July 2021

Featured Construction content

Parent company guarantees (PCGs) in construction

Management contracting

Advance payment bonds

JCT collateral warranties

Most recent Collateral warranties and third party rights content

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Forming enforceable contracts—consideration

Mortgagees and tenants

Discharge by frustration

Contact Us

Popular Links

Policies

Follow us