Winward Fearon on collateral warranties / David L. Cornes, Richard Winward.

Format:

Book

Author/Creator:

Cornes, David L.

Contributor:

Winward, Richard.

Winward Fearon & Co.

Language:

English

Subjects (All):

Construction contracts--England.

Construction contracts.

Construction contracts--Wales.

Warranty--England.

Warranty.

Warranty--Wales.

Physical Description:

1 online resource (350 p.)

Edition:

2nd ed.

Other Title:

Collateral warranties

Place of Publication:

Oxford : Blackwell Science, 2002.

Language Note:

English

Summary:

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 in

Contents:

Winward Fearon on Collateral Warranties; Contents; Preface; 1 Principles of Law; Definition of collateral warranty; A comparison of contract and tort; Essentials of a contract; Form of contract; Construing a contract; Implied terms; Letters of intent; 2 The Rise of Collateral Warranties; Negligence; 1932 to 1988; D & F Estates Limited and Others v. Church Commissioners forEngland and Others; Murphy v. Brentwood District Council; 1990 to 2000; 3 Contracts (Rights of Third Parties) Act 1999; The background; Contracts (Rights of Third Parties) Act 1999; Aspects of the Act

Using the Act or not using the Act?4 Assignments and Novation; Future purchasers and tenants; Assignment; Prior equities; Restrictions on assignment; Novation; 5 Reasonable Skill and Care and Fitness for Purpose; Reasonable skill and care; Fitness for purpose; Dwellings; 6 Damages and Limitation of Action; Damages; Expectation interest and reliance expenditure; Mitigation and assessment; Assignment; Contribution and apportionment; Limitation of action; 7 Developers, Tenants, Purchasers and Funds; The position of a developer; The position of a tenant; The position of a purchaser

The position of the funding institutionObligations to enter into collateral warranties; JCT enabling clauses; 8 Insurance Implications; Principles of professional indemnity insurance; Disclosure of collateral warranties; Particular insurance problems; Other matters of concern to insurers; Policy endorsements for collateral warranties; Problems on changing insurers; 9 Typical Terms; General considerations; Typical terms; Contractors and sub-contractors; Guarantees of obligations under warranties; 10 Practical Considerations; Does a warranty have to be given?; Commercial balance

Legal costs and considerationNegotiating and insurance; Warranties must be executed; The givers, receivers and contents of warranties; Standard forms of collateral warranty; Commentaries; 11 Other Solutions: Present and Future; Possible solutions - the present; Possible solutions - the future; Appendix 1 Housing Grants, Construction and Regeneration Act 1996; Appendix 2 The Law Commission Report No. 242: Privity of Contract: Contracts for the benefit of Third Parties; Appendix 3 Contracts (Rights of Third Parties) Act 1999; Appendix 4 CoWa/F; Appendix 5 CoWa/P&T; Appendix 6 MCWa/F

Appendix 7 MCWa/P&TAppendix 8 MCWa/F/Scot(Funder); Appendix 9 MCWa/P&T/Scot(Purchaser and Tenant); Table of Cases; Table of Statutes & Statutory Instruments; Index

Notes:

First edition published: BSP Professional Books, 1990.

Includes index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

9786611310486

9781281310484

1281310484

9780470707920

0470707925

9780470773628

0470773626

9780470775332

0470775335

OCLC:

437218875