It seems to have become a constantly recurring theme recently
when reviewing amendments to building contracts that the contractor
is expected to assume all of the employer's obligations,
liabilities and risks under agreements the employer has entered
into "up the line" that relate to the carrying out of the
works as if these obligations were set out in the building
contract. Typical third-party agreements may include an agreement
for lease or a licence to alter agreed with the employer's
landlord or a funding agreement with a bank.
The wording inserted into the schedule of amendments will
usually impose the following on the contractor: the contractor is
deemed to have read and have full knowledge of the third-party
agreements (even where it does not have any knowledge of them at
all and usually has not even been sent a copy), it must not put the
employer in breach of any of the employer's obligations under
these agreements and it must perform all of the obligations
