Breach of Warranty Claims

London partner Amy Comer and associate Sergey Kvitkin authored an article for Acquisitions Daily, “Breach of warranty claims,” that discusses how the judgment in Triumph Controls – UK Limited and another v Primus International Holding Company and others (Triumph Controls) provides more clarity for mergers and acquisitions (M&A) practitioners when drafting agreements.

In the article, Comer and Kvitkin detail how the Triumph Controls judgment serves as a reminder for M&A parties of the importance to consider claim notifications, disclosure requirements and financial projections when drafting acquisition agreements and when bringing warranty claims.

The authors suggest “the general belief that breach of warranty claims do not often have their day in court needs to be revisited as the fallout from COVID-19 continues to be felt in many industries.”