Third-party right schedules have been much debated since the implementation of the Contracts (Rights of Third Parties) Act 1999, but until now few people have actually written them into their contracts. The JCT's design-and-build form includes provisions for third-party rights schedules and for the collateral warranties that they are proposed to replace. Will this sea change in standard construction contracts tip the balance in favour of use of third-party right schedules? The form includes options for the contractor to provide either a collateral warranty or to extend rights detailed in schedules to a purchaser, tenant and funder. A similar approach is adopted in the recently published British Property Federation Consultancy Agreement and is expected to be followed by the Construction Industry Council.
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