Would you sign a collateral warranty for a project if asked by the client?

Some projects include an additional level of liabilities posed by the client to all or specific consultants in the form of a collateral warranty. As a first response, a Landscape Architect should not immediately commit to signing the collateral warranty but instead contact their legal advisors and/or PI Insurers that represent their practice for advice.

Entering collateral warranties increases the Landscape Architect’s liabilities and one would prefer not to enter into such an additional risk without thoroughly weighing the benefits against the potential risks. If signing a collateral warranty is the one and only way to get involved in a specific job, the Landscape Architect would need to consult with the PI Insurers or legal advisors that would look into the details of the collateral warranty would then be able to help in making an educated decision before accepting to enter into the agreement or not.

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