Warranty
The term 'warranty' can have a number of meanings, but in general, it refers to a legally binding assurance or promise.
Warranties may be used to provide assurance from one party to another that goods and/or services will meet certain expectations, e.g. fit for purpose, being free from defects, complying with statutory and other regulations and specifications.
A warranty can be either express (i.e. written) or implied.
A common form of warranty, and one that is paid for, is that which runs with a product, meaning that the customer of a product is given an assurance by the manufacturer that any defects or losses will be repaired or compensated during a given period. The warranty can also detail both parties’ rights and obligations in the event of a dispute.
Defects in buildings are not recoverable in tort (only as a contractual claim), as they are economic loss which are only recoverable through a contractual relationship. As a result, collateral warranties have been developed. These provide for a duty of care to be extended by one of the contracting parties to a third party who is not party to the original contract.
A typical example is an architect of a new development agreeing to a duty of care to the occupant. Privity of contract rules would prevent any liability arising between the architect and occupier without the existence of a collateral warranty.
For more information see: Collateral warranties.
Bonds and guarantees are forms of security that accompany contractual obligations and are based on either primary or secondary obligations.
For more information, see Guarantees.
Other forms of assurance that might be referred to on construction projects include:
- Fitness for purpose.
- Reasonable skill and care.
- Workmanlike manner.
- Good faith.
- Reasonable endeavours.
- Best endeavours.
- Retention.
- Duty of care.
[edit] Related articles on Designing Buildings
- Agency.
- Bonds.
- Bonds v guarantees.
- Breach of contract.
- Collateral warranties.
- Defects.
- Definition of collateral warranty.
- Difference between collateral warranties and third party rights.
- Duty.
- Fit for purpose.
- Guarantees.
- Insurance.
- Miller Act.
- Performance bond.
- Practical considerations of collateral warranties.
- Professional consultant's certificate.
- Reasonable skill and care.
Featured articles and news
C20 Society; Buildings at Risk List 2025
10 more buildings published with updates on the past decade of buildings featured.
Boiler Upgrade Scheme and certifications consultation
Summary of government consultation, closing 11 June 2025.
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
From project managers to rising stars, sustainability pioneers and more.
Places of Worship in Britain and Ireland, 1929-1990. Book review.
The emancipation of women in art.
Call for independent National Grenfell oversight mechanism
MHCLG share findings of Building Safety Inquiry in letter to Secretary of State and Minister for Building Safety.
The Architectural Technology Awards
AT Awards now open for this the sixth decade of CIAT.
50th Golden anniversary ECA Edmundson awards
Deadline for submissions Friday 30 May 2025.
The benefits of precast, off-site foundation systems
Top ten benefits of this notable innovation.
Encouraging individuals to take action saving water at home, work, and in their communities.
Takes a community to support mental health and wellbeing
The why of becoming a Mental Health Instructor explained.
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.