Construction analysis: There is a ‘a dearth of case law’on section 1(1) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), as observed by Lenon KC, the judge in the case of HNW Lending Ltd v Lawrence. While an accurate assessment, the judge would have been well within his rights to add (but didn’t) that the dearth of caselaw extends to the entire Act, not just C(RTP)A 1999, s 1(1). This is surprising given the rising prevalence of reliance on C(RTP)A 1999 in commercial contracts (and perhaps most frequently, construction contracts) since its introduction in 1999. Written by Kevin Henderson, associate at BCLP.
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Assignment of a collateral warrantyThis Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance on assignment in general, see Practice Notes: Assignment in construction contracts and Legal and equitable
JCT collateral warrantiesA collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or consultant's appointment). Most collateral warranties refer to the duties and obligations set out in the underlying contract and
Step-in rights in a collateral warrantyIt is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as warrantors) to provide collateral warranties to various parties, including funders and purchasers (referred to in this
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
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