Bitesize Barton: Collateral Warranties
In this solo episode, Bill breaks down the essential concept of collateral warranties in construction and engineering law.Bill explains that collateral warranties serve as contracts associated with primary agreements, enabling third parties with project interests to enforce terms despite the "doctrine of privity" in English law that typically limits contractual rights to the original parties.While the Contracts Rights of Third Parties Act 1999 offers an alternative approach, Bill highlights why collateral warranties remain the industry preference:Greater flexibility and customisationEnhanced security through "stepping rights" during insolvencyEligibility for adjudication under the Construction ActIndustry familiarity and established precedentThough third-party rights provide a streamlined method for assigning benefits, Bill concludes that collateral warranties continue to offer superior protection and adaptability for parties in construction projects.More Barton LegalBarton Legal website - https://bartonlegal.com/Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/Register for our next webinar or replay our recent ones - https://bartonlegal.com/site/webinars/up_and_coming