3.2.2 It is the view of the Inquiry that while there are several areas within the PPP1 Contract that could have been strengthened to provide additional assurance for the Council, the Contract was generally adequate for its purpose. The incorporation of a number of additional provisions, such as were found by the Inquiry in examining typical contemporaneous contracts, while perhaps beneficial, would have been unlikely to have prevented the occurrence of the defective construction subsequently identified in the completed schools.
3.2.3 The omission of collateral warranties in favour of the Council from principal building subcontractors and members of the professional teams appointed by the building contractor was somewhat surprising, as even then this was a common provision. However, this was not directly relevant to the issue of the defective construction at the schools.