Collateral warranty: under the spotlight

By Victoria Peckett2019-03-07T16:27:00

Victoria Peckett draws lessons from two recent cases on the defences available against claims under collateral warranties

The terms of collateral warranties have come under the spotlight again – this time looking at defences available against claims brought under them. Generally the principle is accepted that the giver of a warranty should have no greater liability to the beneficiary than it would have had to the client under the original appointment or building contract to which the warranty relates. A variety of clauses have been inserted into warranties to achieve that principle. But quite what the principle means in practice depends on both the drafting of the clause in question and the law governing the warranty – as illustrated by a couple of recent cases.

…

Already registered? Login here

To continue enjoying Building.co.uk, sign up for free guest access

Existing subscriber? LOGIN

Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.

Limited access to building.co.uk
Breaking industry news as it happens
Breaking, daily and weekly e-newsletters

Get your free guest access SIGN UP TODAY

Subscribe now for unlimited access

Subscribe to Building today and you will benefit from:

Unlimited access to all stories including expert analysis and comment from industry leaders
Our league tables, cost models and economics data
Our online archive of over 10,000 articles
Building magazine digital editions
Building magazine print editions
Printed/digital supplements

Subscribe now for unlimited access.

View our subscription options and join our community