Warranties
—Warranties will be required between the Employer and the following key sub-contractors and consultants. Standard Form of Wording to follow shortly.- All sub-consultants- Piling sub-contractor- Steelwork sub-contractor- Green Roof sub-contractor- Mechanical & Electrical sub-contractor- Lift sub-contractor- Floor planks sub-contractor Warranties will also be required between Kier Northern and the Abbey’s funder. Once I receive exact requirements, I will forward to yourselves. It is unlikely that the Warranties will be in place by the end of this month, however I suggest that we proceed with the signing and execution of the Contract Documents and insert the warranties retrospectively.2.
- His Honour Judge Keyser QC
- H.H. Judge Keyser Q.C.:
- Warranties
- LAD’s
- Contract Documents
- Associated Architects
- Shire Consulting
- Some law
- TTPM’s duties and alleged failures
- Expert Evidence
- Dr Aldridge’s evidence
- Mr Hinchliffe’s evidence
- The Trust’s submissions on breach of duty
- TTPM’s submissions on breach of duty
- Breach of duty: discussion and conclusions
- Loss of a chance
- What would the Trust have done if appropriately advised?
- What would Kier have done?
- Would a contract have improved the Trust’s position?
- Would the Trust have availed itself of its improved position?
- Conclusion on causation
- (i) What were the chances of Kier signing the contract?
- (ii) How would the Trust have benefited from a signed contract?
- The claim for an extension of time
- (iii) Does TTPM have the benefit of an effective limitation clause?