This Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance on assignment in...
What is the Code? The Consumer Code for Homebuilders (the Code) came into effect in April 2010. It is an industry-led code of conduct for home builders and was developed...
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or consultant's...
This Practice Note examines net contribution clauses (sometimes known as proportionate liability clauses) and their inclusion in collateral warranties and consultants’...
This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to protect homeowners and...
This Practice Note deals with the principal types of policy or guarantee, other than latent defects insurance, that are currently on the market to protect...
'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the warrantor does not...
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as warrantors) to provide...
This Practice Note looks at the key features of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), and how third party rights are used in construction...
A no loss defence often arises due to the nature of the contractual matrix on construction projects. For example, a contract may be novated, the employer may not own the...
It is a general principle of contract law that only a person who is a party to a contract can bring a claim under that contract. This is known as the doctrine of privity...