Consultant third party rights memorandum (with optional step-in clauses)
Published by a LexisNexis Construction expert
Last updated on 24/03/2020

The following Construction precedent provides comprehensive and up to date legal information covering:

  • Consultant third party rights memorandum (with optional step-in clauses)
  • 1 Consultant warranties and undertakings
  • 2 Deleterious materials
  • 3 Approvals
  • 4 Copyright
  • 5 Professional indemnity insurance
  • 6 Instructions
  • 7 Step-in rights
  • 8 Assignment
  • 9 Notices
  • More...

Consultant third party rights memorandum (with optional step-in clauses)

    1. 1

      Consultant warranties and undertakings

      1. 1.1

        The Consultant warrants and undertakes that:

        1. 1.1.1

          the Consultant has observed and performed and shall continue to observe and perform all the terms and obligations of the Consultant under the Appointment in accordance with the terms of the Appointment;

        1. 1.1.2

          in respect of the performance of the Services under the Appointment, the Consultant has exercised and shall continue to exercise all the reasonable skill, care and diligence to be expected of a properly qualified and competent professional consultant experienced in projects of similar scale, scope, character, complexity and value as the Project.

      1. 1.2

        The Consultant's duties under this Memorandum shall be no greater and of no longer duration than the duties which it owes to the Employer under the Appointment and the Consultant shall be entitled in any action or proceedings to rely on any limitation in the Appointment and to raise the equivalent rights in defence of liability as it would have against the Employer under the Appointment had the Beneficiary been named as joint employer under the Appointment, save with respect to any set-off or counterclaim.

      1. 1.3

        The obligations of the Consultant under or pursuant to paragraph 1 shall not be released or diminished by the appointment of any person by the Beneficiary to carry out any independent enquiry into any relevant matter.

    1. 2

      Deleterious

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