ABSTRACT

Inevitably , therefore, the parties to the original agreed BPF Standard Forms of Collateral Warranty have now divided into two camps: the Construction Industry Council published in 2003 new forms of collateral warranty – CIC/ConsWa/F and CIC/ConsWa/ P & T – under its logo. The British Property Federation drafted a form of Consultancy Agreement in 2005 which adopts the provisions for Third Party Rights used in JCT Major Project Form 2003 – see Chapter 20 – but amended to refl ect the different role of a consultant. At the same time, it produced new editions of its standard forms of collateral warranty BPF CoWa/F and BPF CoWa/P & T, as before amended to correspond with the changes included in its Consultancy Agreement. Inevitably, this proliferation of different forms of collateral warranty will do nothing to help increase standardisation in the construction industry. It seems inevitable that, instead, the property market, which had reached a degree of consensus on the appropriate provisions to include in collateral warranties, will now polarise and the length of this chapter in subsequent editions of this book will steadily increase.