Environmental Consultant's Collateral Warranty (Funder, Buyer Or Tenant Friendly)
Publisher one
ƵSource file
Jurisdiction
England and WalesCost
Free to useRelevant 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.
In the context of environmental assessment and management, an environmental consultant is typically engaged to evaluate the potential environmental impact of a project, property, or development. Their role is to identify any existing or potential environmental issues, provide recommendations for mitigation measures, and ensure compliance with relevant environmental regulations and standards.
This template aims to create an additional layer of legal protection for the funder (e.g., providing funding for the project or property purchase/lease) or the buyer/tenant (acquiring/occupying the property), by securing a separate warranty directly from the environmental consultant.
The collateral warranty serves as a legal guarantee that the environmental consultant will perform their services with due diligence, in line with professional standards, and within the agreed scope of work. The warranty usually includes provisions holding the consultant liable for any errors, omissions, or negligence resulting in environmental harm or non-compliance with applicable laws and regulations.
The template is designed to be "funder, buyer, or tenant friendly," meaning that it is intended to protect the interests of these parties by clearly specifying their rights, remedies, and limitation periods in case of breach by the environmental consultant. It may also cover the cost of rectifying any environmental issues identified as a result of the consultant's failings, or compensation for any related losses incurred by the funder, buyer, or tenant.
Since this template is drafted under UK law, it would comply with the legal requirements and regulations governing environmental consultancy contracts within the United Kingdom. Legal professionals should review and adapt the template as needed to reflect the specific circumstances and requirements of the parties involved in order to safeguard their interests effectively and maintain compliance with applicable laws.
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