The Importance Of Being Earnest About Collateral Warranties
BDW TRADING LTD v INTEGRAL GEOTECHNIQUE (WALES) LTD (2018)
Background
A local authority intended to sell land, which had previously been used as a residential education centre for development into housing. They commissioned the Defendant to provide a geotechnical report which was then used for marketing the site. The Defendant was going to provide collateral warranties in relation to this to the ultimate purchasers, but had not agreed to assign the benefit of the report to the purchaser of the site.
The Claimant was a national housebuilder who...
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