原文传递
Watch out for those collateral construction contracts!
| 题名： | Watch out for those collateral construction contracts! |
| 正文语种： | eng |
| 作者： | Jon Hart;Alastair Dale |
| 作者单位： | award-winning international infrastructure law firm Pinsent Masons LLP;award-winning international infrastructure law firm Pinsent Masons LLP |
| 摘要： | Those readers with elephant-Like memories may recall our previous comments on collateral warranties. It seems that these small and unloved agreements, often treated as an afterthought on many projects, carry a bigger punch than their size would suggest - as the number of cases involving them attests to. The Court of Appeal's recent decision in Abbey Healthcare vs Simply Construct is no exception. One of the fundamental principles of contract law in England and Wales (and other 'common law' jurisdictions) is that, as a general rule, only a party to a contract can sue the other(s) to enforce its rights and obligations under it - so-called 'privity'. This means that, typically, parties do not have to worry about unexpected claims from third parties. However, in the context of highways projects it can also mean that where a third party has a legitimate interest in bringing a contractual claim, they have no right to do so without a direct contractual duty of care from the party at fault. This is where collateral warranties come in. |
| 出版年： | 2022 |
| 期刊名称： | Highways |
| 卷： | 91 |
| 期： | 8 |
| 页码： | 50-51 |
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