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Sub-Contractor Collateral Warranty (To Purchaser/Tenant)

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Jurisdiction

England and Wales

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Relevant sectors

Why use a ⛪ Subcontractor collateral warranty?

A collateral warranty is a written agreement between a contractor and a subcontractor that lists the rights, duties, and obligations of each party. The written agreement also establishes a legal relationship between the parties and can be used as evidence in a court of law.

A Sub-Contractor Collateral Warranty (To Purchaser/Tenant) under UK law is a legal template that establishes a contractual agreement between a sub-contractor and a purchaser or tenant in the context of a construction project.

In a construction project, the main contractor usually hires various sub-contractors to perform specific tasks or provide specialized services. The purchaser or tenant, who ultimately benefits from the completed construction project, may require additional protection or assurance beyond the main contractor's contractual obligations. This is where a sub-contractor collateral warranty comes into play.

This legal template aims to outline the terms and conditions under which a sub-contractor guarantees certain obligations to the purchaser or tenant. It ensures that the sub-contractor will rectify any defects or deficiencies in their workmanship, materials, or services, even though they are not directly contracted by the purchaser or tenant.

The sub-contractor collateral warranty often covers areas such as quality, fitness for purpose, compliance with regulations, adherence to specifications, and indemnity against losses or damages arising from the sub-contractor's work. It usually includes provisions for the purchaser or tenant to directly claim against the sub-contractor in case of breach or non-performance of these obligations.

The template also addresses other important aspects such as termination rights, dispute resolution mechanisms, and the assignment of the warranty to subsequent purchasers or tenants.

Overall, this legal template aims to provide additional contractual protection to the purchaser or tenant in a construction project by establishing a direct legal relationship between them and the sub-contractor. It helps mitigate risks and safeguard their interests by ensuring accountability and recourse from the sub-contractor beyond the primary contract between the main contractor and the purchaser or tenant.

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