Collateral warranties and third party rights

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Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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Produced in partnership with 4 Pump Court 12th Jan
Practice notes
What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...
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9th Nov
Practice notes
Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of...
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9th Nov
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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9th Nov
Practice notes
What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...
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9th Nov
Practice notes
While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant...
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9th Nov
Practice notes
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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9th Nov
Practice notes
This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...
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9th Nov
Practice notes
This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...
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Produced in partnership with MacRoberts LLP 12th Jan
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...
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9th Nov
Practice notes
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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9th Nov
Practice notes
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...
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Produced in partnership with James Bowling of 4 Pump Court 12th Jan
Practice notes
If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...
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9th Nov
Practice notes
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
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9th Nov
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Collateral warranties and third party rights content

Precedents
This Deed is made on [insert date] day of [insert month] 20[insert year]Parties1[insert name of Sub-contractor] (Company Number [insert company...
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9th Apr
Practice notes
A warranty'>collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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8th Apr
Practice notes
This Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the...
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8th Apr
Practice notes
This Practice Note looks at what a warranty'>collateral warranty is, which parties will want collateral warranties on a construction project and why....
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8th Apr
Practice notes
This Practice Note examines net contribution clauses (sometimes known as proportional or proportionate liability clauses) and their inclusion in...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to...
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30th Mar
Q&As
The standard forms of warranty'>collateral warranty that parties involved in a construction project are most likely to suggest are published by:•JCT...
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15th Feb
Q&As
Various parties will usually have an interest in a construction project, eg tenants of individual units in a shopping centre development, or...
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15th Feb
Q&As
Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
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15th Feb
Q&As
A warranty'>collateral warranty is an agreement that is ancillary to the primary contract. The purpose of a collateral warranty is to ensure that a...
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Produced in partnership with David Sawtell of 39 Essex Chambers 15th Feb
Q&As
An employer may require several parties involved in a construction project to provide it and/or its funder, purchasers or tenants with collateral...
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15th Feb
Q&As
A warranty'>collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty...
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15th Feb
Q&As
What is novation and step-in and why might it cause an issue to an existing warranty'>collateral warranty?Construction lawyers generally refer to...
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Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 15th Feb

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