The following Construction precedent provides comprehensive and up to date legal information covering:
Consultant warranties and undertakings
The Consultant warrants that as at and with effect from practical completion of the Project:
the Consultant has observed and performed all the terms and obligations of the Consultant under the Appointment in accordance with the terms of the Appointment;
in respect of the performance of the Services under the Appointment, the Consultant has exercised and shall continue to exercise the reasonable skill and care 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.
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 Purchaser/Tenant been named as joint employer under the Appointment.
The Consultant warrants that it has not used or specified for use in the design and/or construction of the Project any materials which are not (or which incorporate substances which are not) in conformity with relevant British or European standards or Codes
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