000			01331cam a2200241 4500
001			ABS67986
008			040716n2004 000 0 eng u
035			_a(Sirsi) u126804
100			_aFranklin, K.
245			_aCollateral warranties are just waiting to be broken
260			_c2004
490			_aArchitects' Journal _v220(1) 1 July 2004, 48(1)
520			_aDiscusses "Northern and Shell Plc v John Laing Construction Ltd" ([2003] EWCA Civ 1035, [2004] 90 Con LR 26) where building defects took eleven and a half years to appear. The new owner Northern (N) claimed on the warranty, but John Laing said the claim was out of time as the warranty ran from the date of practical completion. However, N argued it ran from the date of the contract some eight months later. CA agreed the parties intended the warranty to run from the completion date, which made it within the 12 year limitation period. Defines the purpose of a warranty to have a retrospective effect, even when a building changes hands.
590			_aABS
590			_aABS
650			_aCOLLATERAL WARRANTIES
650			_aNORTHERN AND SHELL PLC V JOHN LAING CONSTRUCTION LTD
650			_aDEFECTS LIABILITY
650			_aCLAIMS
650			_aRETROSPECTIVE EFFECT
690			_aBUILDING AND CONSTRUCTION-DEFECTS AND FAILURES-CASE LAW
942			_n0
999			_c117716 _d117716