Appointments and Warranties

We understand both the perspective of the party that engages a professional for a construction project and the professional that is engaged, because we act for a wide range of employers and professionals.

We work with developers and employers on the terms of business needed with design professionals, project managers and other professionals – either on single projects or for a longer term business relationship. We regularly advise on and provide employers with the appointment documents, collateral warranties, third party rights and deeds of novation that they need to have with their engineers, architects and other professionals.

We also work with professionals on the terms of business to be agreed with developers and employers. We regularly advise engineers, architects and other professionals on the appointment documents, collateral warranties, third party rights and deeds of novation that are put to them by developers and employers. We find that this holistic approach benefits our clients.

Some of the areas that we advise on regularly include:

  • The commercially important legal terms (above and beyond PII policy matters);
  • Potential for extra services for no additional fee;
  • Design duties;
  • Copyright;
  • Circumstances for termination and suspension;
  • Duty of care;
  • Limitations on liability;
  • Collateral warranties;
  • Inappropriate indemnities.

If you would like to discuss this topic in more detail, please contact a member of our specialist team.