Collateral warranties and third party rights

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Practice notes
In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...
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Produced in partnership with Victoria Tyson of Corbett & Co 9th Nov
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
It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
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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
Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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9th Nov
Practice notes
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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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
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
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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9th Nov
Practice notes
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
Practice notes
This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 9th Nov
Practice notes
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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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
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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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

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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20th Nov
Precedents
1Contractor warranties and undertakings1.1The Contractor warrants that:1.1.1the Contractor has observed and performed and shall continue to observe...
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20th Nov
Precedents
1Consultant warranties and undertakings1.1The Consultant warrants that:1.1.1the Consultant has observed and performed and shall continue to observe...
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20th Nov
Precedents
Date [insert date] 20[insert year]Parties1[insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert...
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20th Nov
Precedents
1Sub-Contractor warranties and undertakings1.1The Sub-Contractor warrants that:1.1.1the Sub-Contractor has observed and performed and shall continue...
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20th Nov
Precedents
1Contractor warranties and undertakings1.1The Contractor warrants that as at and with effect from practical completion of the Works:1.1.1the...
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20th Nov
Precedents
Date [insert date] 20[insert year]Parties1[insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert...
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20th Nov
Precedents
1Consultant warranties and undertakings1.1The Consultant warrants that as at and with effect from practical completion of the Project:1.1.1the...
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20th Nov
Precedents
This Deed is made on [insert date] day of [insert month] 20[insert year]Parties1[insert name] (Company Number [insert number]) whose registered office...
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20th Nov
Precedents
1Sub-Contractor warranties and undertakings1.1The Sub-Contractor warrants and undertakes that as at and with effect from practical completion of the...
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20th Nov
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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28th Sep
Q&As
A collateral warranty is an agreement that is ancillary to the primary contract. The purpose of a collateral warranty is to ensure that a party that...
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Produced in partnership with David Sawtell of 39 Essex Chambers 28th Sep
Q&As
What is novation and step-in and why might it cause an issue to an existing collateral warranty?Construction lawyers generally refer to novation...
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Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 28th Sep
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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28th Sep
Q&As
It is standard market practice for warranties to be provided by the construction/design team to the following beneficiaries:•funder of the...
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28th Sep
Q&As
The standard forms of collateral warranty that parties involved in a construction project are most likely to suggest are published by:•JCT (drafted...
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28th Sep
Q&As
The contractual positionConstruction is an industry where subcontracts are frequently used. The employer enters into a contract with the main...
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Produced in partnership with Julie Morrissy 28th Sep
Q&As
A collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty creates a...
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28th Sep
Q&As
In construction, a collateral warranty is ancillary to either a building contract, sub-contract or a consultant’s appointment. The warranty creates a...
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Produced in partnership with Ryan Turner of Lamb Chambers 28th Sep

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