Sub-contractor third party rights memorandum (with optional step-in clauses)
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Last updated on 28/02/2020

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

  • Sub-contractor third party rights memorandum (with optional step-in clauses)

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

    1. 1

      Sub-Contractor warranties and undertakings

      1. 1.1

        The Sub-Contractor warrants and undertakes that

        1. 1.1.1

          the Sub-Contractor has observed and performed and shall continue to observe and perform all the terms and obligations of the Sub-Contractor under the Sub-Contract

        1. 1.1.2

          to the extent that the Sub-Contractor takes responsibility for the design of the Sub-Contract Works under the Sub-Contract, the Sub-Contractor has exercised and shall continue to exercise all the reasonable skill, care and diligence to be expected of a properly qualified and competent architect or other appropriate professional designer experienced in projects of similar scope, type, size, nature and complexity as the Works

      1. 1.2

        The Sub-Contractor's duties under this Memorandum shall be no greater and of no longer duration than the duties which it owes to the Contractor under the Sub-Contract, and the Sub-Contractor shall be entitled in any action or proceedings to rely on any limitation in the Sub-Contract and to raise the equivalent rights in defence of liability as it would have against the Contractor had the Beneficiary been named as joint employer with the Contractor under the Sub-Contract, save that the Sub-Contractor shall not be entitled to exercise any right of set-off or counterclaim that it may be entitled to exercise under the Sub-Contract.

      1. 1.3

        The obligations of the Sub-Contractor under or pursuant to paragraph 1 shall not be released or

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