Collateral warranties and third party rights

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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

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Practice notes

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Practice notes

Target cost contracts on construction projects

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Practice notes

Loss and expense

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In-house

Practice notes

Schedules of services

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9th Nov

Practice notes

Letters of intent—construction

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Practice notes

Negligence in construction

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...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

9th Nov

Practice notes

Liquidated damages in construction contracts

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In-house

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

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Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

'Pay when paid' and 'paid when certified' clauses

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Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Interim payments in construction contracts

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...

9th Nov

Practice notes

JCT Pre-Construction Services Agreement

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Practice notes

Scott Schedules in construction disputes

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Produced in partnership with James Bowling of 4 Pump Court 12th Jan

Practice notes

Design liability in construction contracts

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Practice notes

The contractor's programme

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9th Nov

Practice notes

Parties in a construction project

This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...

9th Nov

Most recent Collateral warranties and third party rights content

Precedents

Sub-Contractor Collateral Warranty in Favour of a Beneficiary with optional step in rights

This Deed is made on [insert date] day of [insert month] 20[insert year]Parties1[insert name of Sub-contractor] (Company Number [insert company...

9th Apr

Practice notes

JCT collateral warranties

A warranty'>collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction...

8th Apr

Practice notes

The Contracts (Rights of Third Parties) Act 1999 in construction contracts

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...

8th Apr

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

8th Apr

Practice notes

Assignment of a collateral warranty

This Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance...

8th Apr

Practice notes

The 'no loss' defence in construction contracts

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...

8th Apr

Practice notes

No greater liability clauses in collateral warranties

'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the...

8th Apr

Practice notes

What are collateral warranties?

This Practice Note looks at what a warranty'>collateral warranty is, which parties will want collateral warranties on a construction project and why....

8th Apr

Practice notes

Net contribution clauses in construction contracts

This Practice Note examines net contribution clauses (sometimes known as proportional or proportionate liability clauses) and their inclusion in...

8th Apr

Practice notes

Consumer Code for Home Builders

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...

8th Apr

Practice notes

New home warranties

This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to...

30th Mar

Q&As

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

The standard forms of warranty'>collateral warranty that parties involved in a construction project are most likely to suggest are published by:•JCT...

15th Feb

Q&As

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

Various parties will usually have an interest in a construction project, eg tenants of individual units in a shopping centre development, or...

15th Feb

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?

Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...

15th Feb

Q&As

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

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...

Produced in partnership with David Sawtell of 39 Essex Chambers 15th Feb

Q&As

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

An employer may require several parties involved in a construction project to provide it and/or its funder, purchasers or tenants with collateral...

15th Feb

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?

A warranty'>collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty...

15th Feb

Q&As