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Who was the report commissioned for?

Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term:

1. •

   allowing third parties to rely on the report, or

2. •

   requiring a collateral warranty or reliance letter to be issued in a pre-agreed form

Where there is no express term or pre-agreed collateral warranty, consider seeking:

1. •

   a bespoke collateral warranty to extend reliance to your client

2. •

   an assignment of the report to your client

3. •

   a reliance letter for your client

4. •

   to have the report readdressed to your client, subject to clear terms and conditions

5. •

   to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions

It is also important to establish who the report was commissioned for as this may determine the level of detail contained in the report.