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Let the Builder Beware? - A Guide to Appointments and Collateral Warranties on Construction Projectsby Nigel Brown, Partner, Manches & Co.
This book sets out the complex relationships that exist on construction projects, and the implications for all those involved after they are completed. It is designed to assist all parties involved in a construction project - those who develop and plan it, those who deal with the design and construction, and those who occupy and use the completed building. It highlights both the costly and far-reaching consequences of defective design and construction, and the steps that each party should consider in limiting any potential liability that might arise.
This publication has been prepared to consider the relationships that will or should exist during the construction period and after completion, from the point of view of the developer and subsequent owners/occupiers on the one hand, and the consultants and contractors on the other. It is not intended to cover the situations arising under the building contract or nominated/domestic sub-contracts in substantial detail, nor deal with suppliers of materials and goods.
ContentsIntroduction
Guide to this publication
Appointment of the Consultants
Requirements of the developer and the consultants; Forms of appointment; Content; Key points
Collateral warranties
Introduction; The legal background; Who should request collateral warranties?; Beneficiaries’ requirements; Clauses commonly found in collateral warranties; Alternative forms of building contract
Key legal cases
Actions in tort; The courts restrict action in tort; Commonwealth cases fail to follow Murphy; Revival of tort? Assignability of contracts; Set-off
Alternatives to collateral warranties
Latent defects insurance; European Commission proposals; Removing or limiting liability for beneficiaries; Assignment of the appointment; Other ‘Latham’ recommendations
Adjudication and payment
Who is covered? What is covered? The adjudication procedure; Enforcement; Further considerations
Conclusion
Glossary of terms
Price: £59.95
ISBN: 1 902375 31 9
Publisher: Chandos Publishing (Oxford) Limited
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