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Category Archive: Collateral Warranties

construction

No Greater Liability Clauses and Collateral Warranties – When Does Limitation Expire?

September 7, 2018| Collateral Warranties, Construction, Construction Contracts, Limitation

Generally, claims brought outside the relevant limitation period will not be entertained by the courts. It is crucial therefore that parties know the date by which they must bring a claim. In the recent case of Swansea Stadium Management Company … read more

construction

Failure to Provide Performance Bonds and Warranties

February 26, 2014| Collateral Warranties, Construction Contracts, Litigation

What sanction will the courts impose? Failure by contractors to provide performance security documents and collateral warranties is a common concern for employers. The recent case of Liberty Mercian Ltd v Cuddy Civil Engineering Ltd and Cuddy Demolition and Dismantling … read more

Can you Adjudicate under a Collateral Warranty?

September 17, 2013| Adjudication, Collateral Warranties, Construction Contracts, Dispute Resolution

In the recent case of Parkwood Leisure Limited v Laing O’Rouke Wales and West Limited, the Technology and Construction Court had to consider whether a collateral warranty could constitute a ‘construction contract’ for the purpose of section 104 of the … read more

Understanding Collateral Warranties

May 4, 2012| Collateral Warranties, Professional Consultants

Why do collateral warranties need to be provided? What should you look out for when providing a warranty? The use of collateral warranties has become so widespread that it is now quite rare to see a construction project which does … read more