Jurisdiction(s):
United Kingdom

Key definition

Contract definition

What does Contract mean? In legal practice, a contract is the enforceable agreement by which parties set out promises and allocate risk, whether made orally, in writing or by conduct. The law of contract is principally case-law driven across England & Wales, Scotland, Northern Ireland and Ireland, with statutory interventions on formalities, construction and consumer protection. In England & Wales, Northern Ireland and Ireland, formation generally requires offer, acceptance, consideration and an intention to create legal relations. In Scotland, consideration is not required; a contract is formed by agreement (consensus in idem) with the necessary intention, with writing only needed in defined cases. Key features...

Sub-contractor Third Party Rights Memorandum (Sub-contractor-friendly) with Optional Step-in, Copyright Licence and PI Insurance – English Law Precedent

Published by a LexisNexis Construction expert

Precedents

1 Sub-Contractor warranties and undertakings

1.1 The Sub-Contractor Warrants that:
1. 1.1.1 The Sub-Contractor has complied with, and shall continue to comply with, all terms and obligations owed by the Sub-Contractor under the Sub-Contract.
2. 1.1.2 To the extent the Sub-Contractor assumes responsibility for the design of the Sub-Contract Works under the Sub-Contract, it has exercised, and shall continue to exercise, the reasonable skill and care to be expected of a duly qualified and competent architect, or another suitable professional designer, experienced in projects of comparable scope, type, size, nature and complexity to the Sub-Contract Works.
1.2 The Sub-Contractor’s obligations under this Memorandum shall be neither broader nor longer in duration than those owed to the Contractor under the Sub-Contract, and the Sub-Contractor shall be entitled, in any action or proceedings, to rely upon any limitation in the Sub-Contract and to advance equivalent rights in defence of liability as it could have against the Contractor had the Beneficiary been named as joint employer with the Contractor under the Sub-Contract.

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Web page updated on 22/05/2026

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