Commentary

133 Assignment by the employer

BUILDING AND ENGINEERING vol 5
| Commentary

133 Assignment by the employer

| Commentary

133 Assignment by the employer

Although the assignment of a bare right to litigate is regarded as contrary to public policy and consequently void1, this does not prevent the assignment of rights ancillary to an interest in property2. It appears therefore that the employer may in principle assign his rights under the construction contract3 to the owner4, purchaser, tenant or mortgagee of the building5. Such an assignment, which need not be executed simultaneously with any transfer of the interest in property to which it relates6, may transfer both the right to future performance of the construction contract and the right

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