ACP SGS 4
Terms
undefined, object
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- How may collateral warranties be entered into?
- Under hand or by deed.
- How long are warranties entered into underhand enforceable for?
- Sx years
- How long are warranties entered into by deed enforceable for?
- 12 years
- How are a tenant's rights triggered if relying on the Contracts (Rights of Third Parties) Act 1999?
- By the service of notice from the Employer on the Building Contractor and Professional Team stating that the third party's rights have commenced.
- What are the ways that means by which parties can obtain remedies for defective building works?
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1. Defects liability period;
2. Contractual remedies - direct link;
3. Collateral warranties;
4. Contracts (RoTP) Act 1999;
5. Tort;
6. Assignment of rights;
7. Declaration of trust of rights;
8. Latest defects insurance;
9. Limited repair covenants; and
10. Forced enforcement of remedies - In terms of defective building works, whose responsibility is it to spot these in a traditional contractual structure?
- The architect as in the traditional contracting structure the architect should be acting in the best interests of the employer.
- In terms of defective building works, whose responsibility is it to spot these in a design and build contractual structure?
- The employer's agent
- What document is used to prepare a list of problems with a property and when is the same prepared?
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A snagging list is prepared by the party acting in the best interests of the employer:
- Trad - Architect;
- D&B - Employer's agent.
Prepared when works are certified as practically complete. - Discuss the retention monies?
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A retention of 3-5% of the amount due to the building contractor is kept back through the course of the building period.
Half will be retained until all snagging issues resolved. Other half is paid at the end of the DLP.