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Winward Fearon on Collateral Warranties

Author/EditorCornes D Winward R (Author)
Winward, Richard (Author)
ISBN: 9780632038961
Pub Date05/04/2002
BindingHardback
Pages352
Edition2nd Ed
Dimensions (mm)252(h) * 178(w) * 25(d)
Since this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor.
£127.95
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Since this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations. There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter on the legislation, which also looks at the potential practical uses of the Act on development projects. The House of Lords has handed down a number of key decisions recently on third party remedies and on the principles relating to damages on assignment (such as Linden Gardens, Panatown, Henderson v. Merrett Syndicates and White v. Jones). These and some 65 other new cases are considered in the new edition.
Finally, a number of standard forms of warranty have been issued and these are now discussed, in particular the new JCT standard form of warranty for main contractors and subcontractors. This immensely important book was widely welcomed when it was first published. The new edition has been thoroughly updated and will continue to be the authoritative reference on the subject. "David Cornes and Richard Winward's book is a veritable mine of such information and is eminently readable" Construction News 16/05/02 "For those of you working in construction, managing building or indeed other contracts, you must have at least one authoritative source of advice and information. If this is your area of work, then this is your book" Building Engineer, July 2002

Since this book was first published over ten years ago, collateral warranties have been used increasingly by funding institutions, building purchasers and tenants to create a contractual relationship between themselves and other parties involved in the project, whether architect, engineer, contractor or subcontractor. Indeed, collateral warranties are now being used to create primary contractual obligations. There have been some immensely important developments in the law relating to collateral warranties since the first edition. The Contracts (Rights of Third Parties) Act 1999 has introduced radical new developments into English contract law. The book now includes a completely new chapter on the legislation, which also looks at the potential practical uses of the Act on development projects. The House of Lords has handed down a number of key decisions recently on third party remedies and on the principles relating to damages on assignment (such as Linden Gardens, Panatown, Henderson v. Merrett Syndicates and White v. Jones). These and some 65 other new cases are considered in the new edition.
Finally, a number of standard forms of warranty have been issued and these are now discussed, in particular the new JCT standard form of warranty for main contractors and subcontractors. This immensely important book was widely welcomed when it was first published. The new edition has been thoroughly updated and will continue to be the authoritative reference on the subject. "David Cornes and Richard Winward's book is a veritable mine of such information and is eminently readable" Construction News 16/05/02 "For those of you working in construction, managing building or indeed other contracts, you must have at least one authoritative source of advice and information. If this is your area of work, then this is your book" Building Engineer, July 2002

Winward Fearon is a firm of lawyers based in London. Its construction law team gives advice to the construction industry and the construction professions. Collaterial Warranties has been written by David Cornes and Richard Winward. David Cornes is a solicitor and a partner in Winward Fearon. He was a civil engineer for ten years before becoming a lawyer. He advises construction industry clients nationally and internationally, acts as mediator and sits as an arbitrator. Richard Winward is a solicitor and is also a partner in Winward Fearon. He has spend some 28 years specializing in national and international construction disputes and projects. He accepts appointments as arbitrator. Both David Cornes and Richard Winward have written articles and lectured extensively to the construction industry and its professions on construction law issues.

Preface viii 1 Principle of Law 1 Definition of collateral warranty 1 A comparison of contract and tort 4 Essentials of a contract 5 Form of contract 20 Construing a contract 22 Implied terms 27 Letters of intent 28 2 The Rise of Collateral Warranties 31 Negligence 31 1932 to 1988 33 D & F Estates Limited and Others v. Church Commissioners for England and Others 36 Murphy v. Brentwood District Council 38 1990 to 2000 41 3 Contracts (Rights of Third Parties) Act 1999 47 The background 47 Contracts (Rights of Third Parties) Act 1999 50 Aspects of the Act 56 Using the Act or not using the Act? 59 4 Assignment and Novation 64 Future purchasers and tenants 64 Assignment 64 Prior equities 70 Restrictions on assignment 71 Novation 80 5 Reasonable Skill and Care and Fitness for Purpose 83 Reasonable skill and care 83 Fitness for purpose 88 Dwellings 93 6 Damages and Limitation of Action 94 Damages 94 Expectation interest and reliance expenditure 108 Mitigation and assessment 112 Assignment 117 Contribution and apportionment 125 Limitation of Action 129 7 Developers, Tenants, Purchasers and Funds 134 The position of a developer 134 The position of a tenant 137 The position of a purchaser 143 The position of the funding institution 145 Obligations to enter into collateral warranties 147 JCT enabling clauses 149 8 Insurance Implications 153 Principles of professional indemnity insurance 153 Disclosure of collateral warranties 155 Particular insurance problems 157 Other matters of concern to insurers 161 Policy endorsements for collateral warranties 162 Problems on changing insurers 166 9 Typical terms 167 General considerations 167 Typical terms 174 Contractors and sub-contractors 199 Guarantees of obligations under warranties 200 10 Practical Considerations 201 Does a warranty have to be given? 201 Commercial balance 203 Legal costs and consideration 203 Negotiating and insurance 204 Warranties must be executed 204 The givers, receivers and contents of warranties 205 Standard forms of collateral warranty 207 Commentaries 211 11 Other Solutions: Present and Future 228 Possible solutions - the present 228 Possible solutions - the future 234 Table of Cases 306 Table of Statutes & Statutory Instruments 332 Index 334

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