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Breach of warranty usually refers to the failure of a seller or provider to fulfil the terms of a promise, or representation, made during the contracting process. Such terms can cover a broad spectrum of issues ranging, for example, from warranting that healthcare practices have complied with health and safety and other regulation; to warranting that a property does not contain asbestos; to entering into a contract that says the group company being acquired is not the subject of any litigation.
The law assumes that contracting parties can and must stand behind these promises (warranties and representations). It therefore follows that there is legal recourse under contract and/or tort for breach of warranties and misrepresentation.
The strength of our relationship with Bevan Brittan is based on their ability to understand the core issues facing us… This is the key which enables them to provide excellent legal advice set in a focussed commercial context
At Bevan Brittan, our litigation lawyers have a wealth of expertise in these matters and are well placed to guide you through a breach of warranty situation, be it whether you are claiming or defending a potential breach of warranty.
We also have a dedicated team of specialist construction lawyers who are experts in dealing with construction contract disputes, including issues of warranties and collateral warranties.
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We are experienced at dealing with disputes (including breaches of contract and warranty) across a broad range of sectors and markets. Whether you find yourself needing to potentially bring or defend a claim for breach of warranty, we are best placed to advise on the legal issues and guide you through the progress of dispute resolution and, if necessary, arbitration or litigation.
Our talented lawyers can work as an extension of your operational or legal teams and provide specialist and bespoke advice and support when it matters most. We routinely offer:
- excellent technical advice on the contractual position and legal analysis of the warranties/representations in question
- support throughout with strategic advice, working closely with your teams, consultants and/or specialists
- bespoke guidance through commercial negotiations and any resulting settlement or further dispute resolution/litigation.
I have always felt that they understand the needs of the in-house lawyer, they show a real interest in the business and provide a valuable service which you can be proud of to present as an extension of your internal legal function.
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Housing/local government
We were instructed to defend a local authority against a £20 million breach of warranty claim arising out of its sale of a significant volume of housing stock. The Claimant was seeking damages relating to the survey and removal of asbestos for a significant number of properties transferred to it from the local authority some years ago.
Our team investigated the contractual position and closely analysed the original Transfer Agreement and associated warranties. We supported the local authority throughout with strategic advice, working closely with both its Property Director, consultants and an asbestos specialist who was brought in to provide valuable expertise in relation to the environmental warranties. We provided the client with a range of technical legal arguments to assist with its commercial negotiations, ultimately assisting in a significant reduction in the categories (and value) of the damages sought.
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