Who can use this consultant collateral warranty agreement ?
A developer, funder, purchaser or lessee of a construction project/development. Also, a an architect or professional consultant who has been asked to provide a collateral warranty.
Please note that this collateral warranty agreement is one of three collateral warranties that we have published. The others are for a contractor and a subcontractor. All three are available in our discounted collateral warranty collection
What is this collateral warranty agreement for?
A collateral warranty creates a contractual link between a consultant (an architect or other professional consultant who has designed and/or provided services on a building project) and a ‘beneficiary’, i.e. a funder, purchaser or or end-user of the completed development. I
If you are a self builder or homeowner, we suggest that you ask for a collateral warranty from your consultant designers as this could be useful to you if you later sell the house.
For a collateral warranty to be given by a contractor see our document B142
What are the main issues for a consultant collateral warranty ?
The document contains a warranty from the consultant in favour of the beneficiary that the consultant has exercised skill and care in regard to their work on the project. From the consultant’s point of view, the duties in the collateral warranty should not be greater than those in the consultant’s appointment by the developer. There is fairly standard wording for collateral warranty agreements , which has been developed over the years.
What detailed terms does the collateral warranty contain?
This four page document contains 9 clauses covering
- deleterious materials
- indemnity insurance
- assignment & third party rights
- law & jurisdiction
- step-in rights
For more information on each of these sections, see our Explanatory Notes which you will receive when you download the document from our website.
And if you want to use the Notes, let us know by using our contact form
When I download the document, can I change it and/or use it more than once?
Yes, all ContractStore’s templates are in MS Word and you can use the contract on more than one project. For more information, watch the video on this page of our website or see our FAQs
ContractStore supplies templates and is not a law firm. But all our templates are written by experienced lawyers, in this case by a construction lawyer. So, we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page.
And if you want to contact us see our Contacts page.
If you have any questions about a contract and/or want to see the Explanatory Notes before you buy, please let us know by using our contact form
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