Collateral Warranty (Sub-Contractor to Funder)
Publisher one
ƵSource file
Jurisdiction
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 purpose of this legal template is to provide financial protection to the funder by ensuring that the sub-contractor will perform its duties properly and avoid any potential breaches of contract. The collateral warranty serves as an additional layer of security for the funder, separate from the primary contract, in case the sub-contractor fails to meet its contractual obligations.
This legal document outlines the terms and conditions under which the sub-contractor agrees to provide the funder with certain warranties, indemnities, and guarantees. It may cover aspects such as the quality of work, adherence to health and safety standards, compliance with relevant regulations, liability for defects, and completion within specified timelines.
The collateral warranty typically details the rights and obligations of both parties, including the circumstances in which the funder may make a claim against the sub-contractor for any breach of contract. It may also include provisions for dispute resolution mechanisms, such as arbitration or mediation, in case disagreements arise between the parties.
This legal template is commonly used in construction and infrastructure projects where subcontractors are involved and financiers seek additional protection for their investment. By entering into this collateral warranty, the sub-contractor accepts a direct contractual relationship with the funder and assumes additional responsibilities to ensure the successful completion of the project.
It is essential for both parties involved in the collateral warranty agreement to thoroughly review and understand the terms before signing. Seeking legal advice is advisable to ensure the document reflects the specific requirements of the project and adequately protects the interests of both the funder and sub-contractor.
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