Understand the critical importance of collateral warranties in construction projects. Gain insights into the creation, enforcement, and key provisions these agreements entail, ensuring all parties' interests are protected. This topic also covers how to master the nuances of third party rights, minimising risks and fostering smoother project execution.
The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—15 May 2025
What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
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 warrantor does not have greater exposure under a warranty than it has under the original contract.
Step-in rights in a collateral warrantyIt is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as warrantors) to provide collateral warranties to various parties, including funders and purchasers (referred to in this
Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
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