The following Construction practice note provides comprehensive and up to date legal information covering:
In a construction project, the contractor’s contractual relationship under the building contract is only with the employer. However, in most construction projects, there will be other third parties who will have an interest in the terms of the building contract, the way that the works are carried out and/or in the end-product. They do not ordinarily have any contractual nexus with the contractor under the building contract and therefore, if they suffer losses due to an act or omission of the contractor, cannot seek redress by claiming damages for breach of contract. Therefore, both the third parties and the employer will want to ensure that their interests in the works are protected so that, in the event that they suffer losses, they have a route of redress. This Practice Note looks at third parties who are typically interested in construction projects and how their interests are commonly protected. It looks at how an employer can seek to pass down obligations under the agreements that it has entered into with third parties (eg funding agreements, agreements for lease and planning-related agreements) under the building contract. It also looks at how third parties’ interests can be protected by way of collateral warranties, third party rights and by giving them other rights under the building contract.
This Practice Note talks primarily about the building contract and the relationship
**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
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.