BOOK REVIEW

WINWARD FEARON ON COLLATERAL WARRANTIES (2nd ed.) David Cornes and Richard Winward (Blackwell Publishing, 2002). 236pp plus appendices, tables and index. Paperback £55.00.

The second edition of this book has been extensively revised in the light of the enactment of the Contracts (Rights of Third Parties) Act 1999 and case law such as Panatown Ltd v Alfred McAlpine Construction Ltd [2001] 1 AC 518. The book consists of eleven chapters plus appendices. The first six chapters set out the legal background (dealing with principles of law, the rise of collateral warranties, the 1999 Act, assignment and novation, reasonable skill and care and fitness for purpose and damages and limitation of action). The heart of the book is to be found in chapters 7–11 which deal with, respectively, developers, tenants, purchasers and funds (chapter 7), insurance implications (chapter 8), typical terms (chapter 9), practical considerations (chapter 10) and other solutions, present and future (chapter 11). The appendices consist of provisions from the Housing Grants, Construction and Regeneration Act 1996, an extract from the Law Commission report on reform of the doctrine of privity, the 1999 Act and various standard form collateral warranties.