Last Updated May 23, 2019

Law and Practice

Authors



Hawkins Hatton Corporate Lawyers Ltd is a niche corporate law firm formed in December 2005 and based in London and Dudley, dealing primarily with corporate and commercial work together with commercial property and litigation. Its client base includes European and Anglo-US companies, regional and national clients as well as individuals. The firm’s Real Estate department is best known for secured lending work on behalf of HSBC, Lloyds Bank, Santander and RBS, as well as all aspects of commercial property work on behalf of its SME client base, which spans a number of key industry sectors including pharmaceutical and healthcare, manufacturing, engineering and pension funds. It advises on a wide range of property-related matters, including commercial acquisitions and disposals, commercial leases, secured lending and corporate support. Hawkins Hatton also offers advice on a broad range of specialist areas such as property investment and finance, development schemes, compulsory purchase issues, construction and commercial leases for clients including landlords and tenants, public companies, banks, private companies, developers and investors.

Retention

This is where a percentage (often 5%) of the amount certified as due to the contractor on an interim certificate is deducted from the amount due and retained by the client. The reason for the retention is to encourage the contractor to fully discharge its duties under the contract.

Limitations and Exclusion of Liability

The three most common forms of limiting liability are:

  • caps on liability, where the amount payable in the event of a breach is capped;
  • net contribution clauses, where a claimant must pursue a claim against all parties responsible for damage to seek full recovery of loss; and
  • exclusion clauses, which if agreed and upheld would negate any liability for loss or damage. (liability for death or personal injury cannot be excluded).

Collateral Warranties

Collateral warranties are agreements which are related with another 'primary' contract. They extend the duty of care by one of the contracting parties to a third party who is not party to the primary contract. By way of example an architect of a new development owes a duty of care to an occupier of the development despite the fact there is no contractual relationship between the architect and subsequent occupier.

Hawkins Hatton Corporate Lawyers Limited

Foxglove House
166 Piccadilly
London
W1J 9EF

+44 020 8191 7893

N/A

crodrigues@hawkinshatton.co.uk www.hawkinshatton.co.uk
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Authors



Hawkins Hatton Corporate Lawyers Ltd is a niche corporate law firm formed in December 2005 and based in London and Dudley, dealing primarily with corporate and commercial work together with commercial property and litigation. Its client base includes European and Anglo-US companies, regional and national clients as well as individuals. The firm’s Real Estate department is best known for secured lending work on behalf of HSBC, Lloyds Bank, Santander and RBS, as well as all aspects of commercial property work on behalf of its SME client base, which spans a number of key industry sectors including pharmaceutical and healthcare, manufacturing, engineering and pension funds. It advises on a wide range of property-related matters, including commercial acquisitions and disposals, commercial leases, secured lending and corporate support. Hawkins Hatton also offers advice on a broad range of specialist areas such as property investment and finance, development schemes, compulsory purchase issues, construction and commercial leases for clients including landlords and tenants, public companies, banks, private companies, developers and investors.

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