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Collateral Warranty Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Collateral Warranty Agreement

"I need a Collateral Warranty Agreement under Saudi law for a large-scale residential development in Riyadh, where the main contractor will provide warranties to both the project funder and future apartment purchasers, with professional indemnity insurance coverage of at least SAR 10 million."

Document background
Collateral Warranty Agreements are essential documents in Saudi Arabian construction and development projects, particularly where multiple parties have interests in the quality and performance of construction work or professional services. These agreements are commonly used when purchasers, tenants, or funders require direct rights against contractors or consultants who have performed work on a property but with whom they have no direct contractual relationship. The document must comply with Saudi Arabian law, including Sharia principles, and typically includes warranties regarding workmanship, materials, and professional standards. The Collateral Warranty Agreement becomes particularly important in large-scale developments where third-party rights need protection, and in situations where project financing requires additional security through direct warranties from key project participants.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the beneficiary, contractor/consultant, and employer

2. Background: Context of the primary contract and explanation of why the warranty is being provided

3. Definitions: Definitions of key terms used throughout the agreement, including reference to the primary contract

4. Warranty Obligations: Core warranties being provided, including professional skill, care, and compliance with the primary contract

5. Duration of Liability: Period during which the warranty obligations remain effective

6. Step-in Rights: Rights of the beneficiary to step into the primary contract in case of employer default or termination

7. Assignment and Third Party Rights: Provisions regarding the transfer of rights under the warranty and limitations on third party rights

8. Liability and Insurance: Extent of liability and required insurance coverage

9. Notices: Procedures for serving notices under the agreement

10. Governing Law and Jurisdiction: Confirmation of Saudi law as governing law and jurisdiction for disputes

11. Execution: Formal execution block complying with Saudi legal requirements

Optional Sections

1. Copyright License: Required when the warranted works include intellectual property rights that need to be licensed

2. Deleterious Materials: Specific warranties regarding non-use of prohibited or harmful materials, particularly relevant for construction projects

3. Professional Indemnity Insurance: Detailed insurance requirements, particularly relevant for professional consultants

4. Payment Provisions: Required when there is direct payment between the beneficiary and the warrantor

5. Confidentiality: Required when sensitive information is involved or for high-value projects

6. Force Majeure: Specific provisions for unforeseen events, particularly relevant for long-term warranties

7. Zakat and Tax: Required when there are specific tax implications or requirements

Suggested Schedules

1. Schedule 1 - Primary Contract Extract: Relevant extracts from the primary contract that are referenced in the warranty

2. Schedule 2 - Services/Works Description: Detailed description of the services or works being warranted

3. Schedule 3 - Professional Indemnity Insurance Details: Specific requirements for professional indemnity insurance including limits and duration

4. Schedule 4 - Form of Notice of Assignment: Template for notification of assignment of warranty rights

5. Appendix A - Authorized Signatories: List of authorized signatories and their powers in accordance with Saudi requirements

6. Appendix B - Project Details: Specific details of the project to which the warranty relates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Development

Healthcare Facilities

Education Facilities

Retail Development

Hospitality

Mixed-use Development

Relevant Teams

Legal

Construction

Commercial

Project Management

Risk Management

Property Management

Technical

Procurement

Compliance

Finance

Operations

Relevant Roles

Legal Counsel

Contract Manager

Project Director

Construction Manager

Development Manager

Risk Manager

Commercial Director

Technical Director

Chief Legal Officer

Project Manager

Quantity Surveyor

Property Manager

Facilities Manager

Investment Manager

Finance Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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