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Answered: NEC ECC: Use of collateral warranties or instead yuk3?

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The answer 'in theory' is 'Yes', because you don't need to go through the rigmarole of getting Collateral Warranties agreed and signed in order to be able to go direct to the 3rd party - the turbine Subcontractor - in case of fault with the turbine. And that was why The Contract (Rights of Third Parties) Act 1999 was initiated.

However:
- lawyers are much more comfortable with Collateral Warranties because they are much more established  and hence case law on them and can be fine tuned to the specific requirement (but which involves negotiation etc.), so they would argue you get more protection through them.
- in your case, where you have a large value turbine, for me, my gut feel would be the benefits of a specific Collateral Warranty would outweigh using Y(UK)3 in this case.

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