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Collateral warranties are contracts that run alongside primary contracts to provide legal remedies between parties not in direct privity of contract. They are commonly required by purchasers, tenants, funders, and developers to bind designers, contractors, and subcontractors. The document outlines various forms of collateral warranty published by organizations like JCT, RIBAC, BPF, and CIC for use between main contractors, subcontractors, trade contractors, and consultants with parties seeking financing or purchasing a property. It also notes warranty forms to cover design responsibility of subcontractors in JCT standard forms and for use by housing associations.
Collateral warranties are contracts that run alongside primary contracts to provide legal remedies between parties not in direct privity of contract. They are commonly required by purchasers, tenants, funders, and developers to bind designers, contractors, and subcontractors. The document outlines various forms of collateral warranty published by organizations like JCT, RIBAC, BPF, and CIC for use between main contractors, subcontractors, trade contractors, and consultants with parties seeking financing or purchasing a property. It also notes warranty forms to cover design responsibility of subcontractors in JCT standard forms and for use by housing associations.
Collateral warranties are contracts that run alongside primary contracts to provide legal remedies between parties not in direct privity of contract. They are commonly required by purchasers, tenants, funders, and developers to bind designers, contractors, and subcontractors. The document outlines various forms of collateral warranty published by organizations like JCT, RIBAC, BPF, and CIC for use between main contractors, subcontractors, trade contractors, and consultants with parties seeking financing or purchasing a property. It also notes warranty forms to cover design responsibility of subcontractors in JCT standard forms and for use by housing associations.
What is a Collateral Warranty? This is a contract which runs alongside or collateral to a primary or head contract. The parties to the warranty may be the parties to the primary contract, but it is more usual for the warranty to be between one of them and a third party.
What is the purpose of a Collateral Warranty? The purpose of a collateral warranty is to bind, for instance, a designer in contract to a party with whom he would not otherwise have any contractual relationship. The reason is to provide a legal remedy where one might not otherwise exist .
Warranties may be requested for the following parties:
Purchaser Collateral warranties may be required where the whole or part of the building is being sold on. Appropriate warranties will be between the purchaser and the consultant, contractor and sub-contractors.
Tenants Collateral warranties with tenants may be required for example because of full repairing leases.
Funders Collateral warranties may be required between the funder and the consultant, contractor and sub-contractors for as long as the finance is at risk.
Developers There should be no need for collateral warranties between developers and consultants and contractors as developers should be adequately protected by the terms of their respective standard contracts . The only exception to this is that warranties may be required with Sub-Contractors providing design input Employers Collateral warranties given by a Sub-Contractor Designer in favour of the Employer are not generally required under WCD 98 as the main contractor itself has express design responsibility. It is therefore possible to pass design liability up the contractual chain from the designer to the design/build contractor and on to the Employer. As there is a contractual chain the value of a collateral warranty would be limited to those circumstances where a breech in the contractual chain occurs.
Page2 of 2 Date 10/09/04 John Elkington JCT Collateral Warranties for Main Contractors Published by RIBAC for JCT for use with JCT 98, WCD 98 and IFC 98
MCWa/F This form is for use where a Warranty is to be given by a Contractor to a company providing finance (Funder) for a building project.
MCWa/P&T This form is for use where a Warranty is to be given by a Contractor to a Purchaser or Tennant of a building project.
JCT Collateral Warranties for Sub-Contractors Published by RIBAC for JCT for use with Nominated and Domestic sub-contracts under JCT 98, Named and Domestic sub-contracts under IFC 98 and Domestic sub-contracts under WCD 98.
SCWa/F This form is for use where a Warranty is to be given by a Sub-Contractor employed pursuant to a JCT Main contract, to a company providing finance (Funder) for a building project.
SCWa/P&T This form is for use where a Warranty is to be given by a Sub-Contractor employed pursuant to a JCT Main Contract, to a Purchaser or Tennant pursuant to a building project.
JCT Collateral Warranties for Trade Contractors Published by RIBAC for JCT
TCWa/F This form is for use where a Warranty is to be given by a Trade Contractor to a company providing finance (funder) for a building project let under the JCT Construction Management Documentation.
TCWa/P&T This form is for use where a Warranty is to be given by the Trade Contractor to a purchaser or tenant of the whole or part of a project carried out and completed under the JCT Construction Management Documentation.
Other forms of Warranty to cover design by a Sub-Contractor Where there is sub-contractor design it is provided for in the JCT Standard forms of Main Contract by the following documents
NSC/W A Collateral Warranty by a Nominated Sub-Contractor under JCT 98 between the Nominated Sub-Contractor and the Employer.
Works Contract/3 Under JCT Management Contract 1998 where the Management Contractor takes responsibility for design by Works Contractors there is a standard form of Employer/Works Contractor Warranty.
ESA/1 A Collateral Warranty by a Named Sub-Contractor under IFC 98 between the Named Sub-Contractor and the Employer.
(See also section on JCT Sub-Contracts)
Collateral Warranties for Consultants Published by the British Property Federation Limited
CoWa/F This form is for use where a Warranty is to be given to a company providing finance for a proposed development.
CoWa/P&T This form is for use where a Warranty is to be given to a Purchaser or Tenant of a whole building in a commercial and/or industrial development, or a part of such a building.
Page3 of 2 Date 10/09/04 John Elkington Pubished by the Construction Industry Council (these forms supersede those issued by the BPF)
CIC/ConsWa/F This form is for use where a Warranty is to be given to a company providing finance for a proposed development.
CIC/ConsWa/P&T This form is for use where a Warranty is to be given to a Purchaser or Tenant of a whole building in a commercial and/or industrial development, or a part of such a building.
Collateral Warranty for use by Housing Associations
NHFA Form of agreement for Collateral Warranty This form is for use where a Warranty is to be given by someone with design responsibility to the Housing Association on design and build contracts.
Note: Sources of information The summaries of documents collated in this document have been abstracted from various JCT documents and NJCC Guidance Note 6.
For further information see NJCC Guidance Note 6 Collateral Warranties
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