The following Construction practice note provides comprehensive and up to date legal information covering:
In an agreement for lease which provides for construction works to be carried out, an obligation for the landlord to procure collateral warranties (or third party rights) in favour of the tenant is common practice. This Practice Note looks at why tenants will request collateral warranties, which parties typically provide warranties and the considerations for construction lawyers when negotiating the terms of the warranties and related provisions in the agreement for lease.
Defects which arise following completion are a fairly common feature of construction projects. Many defects arise during the defects liability period and the contractor will generally be obliged to rectify them in accordance with the building contract (see Practice Note: Defects liability period and rectification of defects). However, other defects (which may be more serious) can often manifest themselves later on, ie when the contractor is no longer contractually obliged under the building contract to return to site to correct them, and after the landlord/developer's liability to the tenant under the agreement for lease for building defects has expired. The tenant will therefore typically request that the landlord procures a full suite of either collateral warranties or third party rights in its favour so that it is able to commence a direct action against the defaulting party or parties and the tenant’s construction lawyers will be involved with
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.