Neil White
- Comment
Guarding your provisions
Collateral warranties require care and attention. Watch out for assignments, notice clauses, duration, entrenched rights in contract, tort and statute, and, of course, jurisdiction.
- Features
Testing the limits
The fifth in this series of articles on collateral warranties looks at limitation provisions and limits on liability.
- Features
Who’ll pay for this?
The fourth in the series of articles on collateral warranties looks at what is at stake in negotiations over net contribution clauses and professional indemnity insurance.
- Features
When the bank steps in …
The third article in our guide to collateral warranties looks at how a beneficiary “steps in” to a scheme, and what to do with licences for design copyright.
- Features
What’s the meaning of this?
Collateral warranties are highly controversial, ferociously contested and poorly understood. This is the first article in a series intended to tackle the third of these problems.
- Features
Access all areas
Important provisions of the Disability Discrimination Act 1995 take effect in 2004. Not to worry then? Hardly. The courts are likely to take a dim view of any failure to improve access before the clauses comes into force.
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Trying cases
Requirements to use "best endeavours" and "reasonable endeavours" appear in many construction contracts, but do they mean you can sue somebody if you think they're not trying hard enough?
- Features
Woolf’s teeth
An important element of the Woolf reform is the idea of a pre-action protocol, which governs how parties should behave before litigation starts. Fail to follow it and the court can now take a big chunk out of you.