Tag: warranties

What Does Warrant Mean?

As I am a construction lawyer, you will forgive the occasional foray into my specialist subject for clauses of interest. In a collateral warranty for a leisure centre. Warrants, acknowledges and undertakes In a collateral warranty relating to the construction of a leisure centre, clause 1 stated: “The Contractor warrants,

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Using A Net Contribution Clause

Any member of a project team can rely on the Civil Liability (Contribution) Act 1978 to share the losses with anyone else on the project team who is responsible for the same damage [read more]. However, it has become common in the UK construction industry to use a specific clause

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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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