Month: February 2013

Can You Avoid Collateral Warranties?

The definition of insanity, according to Albert Einstein is “doing the same thing over and over again and expecting different results.” This is how it feels to work with collateral warranties. Alternatives In my 20 years as a construction contracts lawyer, there were several ‘false dawns’ covering new approaches and

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Critical Questions for Reviewing Collateral Warranties

Warranties, in construction, are unusual documents. The two parties (the companies who sign the warranty) rarely meet and have little communication with and no control over each other. A warranty is: a contract entered into between a member of the project team (the warrantor) and a tenant, purchaser or funder

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Is Possession Really 9/10ths of the Law?

This morning I ended up in a lively discussion over breakfast about who ‘owned’ Pooka, the cat in the photo. Our discussion was frivolous. But what about plant, materials, equipment or goods on a construction site? Then the debate really does matter. Who owns construction materials? There are two types

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