Collateral warranties

Collateral warranties guidance:

Assignment 1 The Beneficiary may at any time assign, charge or transfer the benefit of and/or any rights under this Deed to any entity taking the interest of the...

Precedents

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

Practice Note

Contributive liability 1 In the event of any breach of any of the terms of this Deed where the Beneficiary has claims or would have claims had it obtained similar...

Precedents

Collateral warranties Consultant 1 The Consultant shall, within 14 days of the Employer's request to do so, execute and deliver a collateral warranty in favour of any...

Precedents

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the...

Precedents

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the...

Precedents

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the...

Precedents

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the...

Precedents

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...

Practice Note

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name] (Company Number [insert number]) whose registered office is at [insert...

Precedents

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name] (Company Number [insert number]) whose registered office is at [insert...

Precedents

Copyright licence 1 The copyright in all documents and information prepared by or on behalf of the Consultant in relation to the Project including, without limitation,...

Precedents

Deleterious materials 1 The Consultant warrants to the Beneficiary that: 1.1 any materials which the Consultant specifies or authorises for use in the construction of any...

Precedents

Exclusion of losses 1 In the event of a breach of this warranty the Contractor shall only be liable for the reasonable costs of repair, renewal and/or reinstatement of...

Precedents

Further warranties 1 The [Contractor/Consultant] shall, as and when the Beneficiary from time to time requires, whether before or after completion of the [Works/Services]...

Precedents

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...

Practice Note

Net contribution 1 [The Contractor’s liability under this Collateral Warranty shall be limited to that proportion of the direct costs of repair, renewal and/or...

Precedents

This Practice Note examines net contribution clauses (sometimes known as proportionate liability clauses) and their inclusion in collateral warranties and consultants’...

Practice Note

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...

Practice Note

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...

Practice Note

No greater liability Consultant warranty 1 The Consultant warrants and undertakes to the Beneficiary that the Consultant has observed and performed and will continue to...

Precedents

'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...

Practice Note

Professional indemnity insurance 1 The [warrantor] shall take out and maintain from the commencement of the [Services OR Works] and for a period of [6 OR 12] years from...

Precedents

Step-in rights 1 The Contractor agrees that it will not without first giving the Beneficiary not less than [twenty-eight (28)] days’ notice in writing exercise any right...

Precedents

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...

Practice Note

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of Sub-contractor] (Company Number [insert company number]) whose...

Precedents

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of Sub-contractor] (Company Number [insert company number]) whose...

Precedents

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...

Practice Note

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...

Practice Note
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