Contractor's Collateral Warranty (Pro-Purchaser)
Publisher one
Genie AIJurisdiction
England and WalesRelevant sectors
Type of legal document
🏠 Collateral warrantyBusiness activity
Provide collateral warrantyA collateral warranty is a separate agreement between the contractor and the employer that sets out additional terms and conditions relating to the works. The collateral warranty will often contain provisions relating to the quality of the works, the performance of the contractor, the liability of the contractor, and the indemnity of the employer. The collateral warranty will also contain a clause specifying that the agreement is collateral to the main contract and that it will remain in force even if the main contract is terminated.
The template typically covers various aspects, including the contractor's obligations, liability, and warranty provisions specifically tailored in favor of the purchaser. It aims to supplement the existing contractual relationship by providing direct recourse and a higher level of legal security for the purchaser.
Within the context of a construction project, a collateral warranty can offer numerous benefits to a purchaser. It might stipulate that the contractor will rectify defects, address issues not covered in the main contract, or extend the period of liability. This agreement can also guarantee that the contractor will provide important documentation, instruction manuals, and warranties for any equipment or systems installed.
The template generally incorporates legal provisions aligned with UK law to ensure its validity and enforceability in local jurisdictions. It can be customized to suit the specific needs of the project and the purchaser, considering factors such as project scope, duration, complexity, and associated risks.
Using a pro-purchaser approach, this collateral warranty template seeks to safeguard the purchaser's rights by granting them direct access to the contractor's guarantees. This document is valuable in providing the purchaser with additional legal protections and assurances, thereby minimizing potential risks, improving confidence, and facilitating smoother project delivery in the construction industry in the UK.
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