Contractor's Collateral Warranty (To Funder)
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Jurisdiction
England and WalesRelevant sectors
Type of legal document
🏠 Collateral warrantyBusiness activity
Create 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.
This collateral warranty aims to safeguard the funder's interests by establishing a direct contractual relationship between the funder and the contractor. By doing so, the funder seeks additional assurances in terms of the contractor's performance, quality of work, and adherence to statutory regulations throughout the construction process.
The content of this legal document typically includes a detailed description of the project, its participants, and the main construction contract under which the project operates. It further outlines the specific obligations and warranties that the contractor provides to the funder, including the provision of performance guarantees, indemnities, and insurances.
Moreover, this template may specify the rights and remedies available to the funder in case the contractor fails to meet their obligations or breaches any contractual provision. These may include the right to terminate the collateral warranty, seek damages, or pursue legal actions to rectify any deviations from the agreed terms.
Under UK law, this Contractor's Collateral Warranty (To Funder) template ensures that the funder is adequately protected by establishing a legally binding framework to govern the contractual relationship with the contractor. It aims to minimize the financial risks associated with construction projects and provide the funder with the necessary remedies if issues arise during the execution of the project.
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