Looks at the Contracts (Right of Third Parties) Act 1999 and considers why the construction industry has largely ignored it. The Act was introduced to eliminate the need for warranty agreements, saving the industry both time and expense. Suggests that the Act has not been embraced for a number of reasons: almost all standard forms of contract automatically exclude the operation of the Act; warranty agreements have become a familiar part of construction contracts and there are now less areas of conflict; beneficiaries of warranty agreements gain reassurance from having their own document; there is no evidence that rights acquired under the Act would be any different to those under a warranty agreement; certain provisions of warranty agreements are generally accepted; and variations under the Act are more complicated. Concludes that a combination of these factors has prompted the continuing use of warranty agreements.