Assignment and novation

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Practice notes
Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of...
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9th Nov
Practice notes
Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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9th Nov
Practice notes
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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9th Nov
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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9th Nov
Practice notes
While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant...
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9th Nov
Practice notes
A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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9th Nov
Practice notes
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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9th Nov
Practice notes
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 9th Nov
Practice notes
This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...
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9th Nov
Practice notes
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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9th Nov
Practice notes
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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9th Nov
Practice notes
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...
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Produced in partnership with James Bowling of 4 Pump Court 9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Assignment and novation content

Q&As
This Q&A uses the following scenario: A and B enter into a contract whereby A agrees to purchase a widget from B for a price of £1,000. B provides the...
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28th Nov
Q&As
This Q&A discusses whether or not a clause in a contract between A and B that prohibits B from assigning the contract (ie a non-assignment clause) is...
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Produced in partnership with Brian Cain 28th Nov
Q&As
SummaryA simple acknowledgement of a notice of assignment of a contract or debt by the relevant contract counterparty of the assignor (the recipient)...
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28th Nov
Precedents
Date [insert date] 20[insert year]Parties1[insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert...
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20th Nov
Q&As
The starting point is that the benefit of a contract can be assigned to a third party. To this there are a number of immediate exceptions:•first if...
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28th Oct
Q&As
NovationNovation is the replacement of an existing contract for a new contract. One of the original parties to the contract transfers both its rights...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Sep
Q&As
What is novation?Novation is the transfer of one party’s rights and obligations under a contract to a third party and comprises the original contract...
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28th Sep
Q&As
What is novation and step-in and why might it cause an issue to an existing collateral warranty?Construction lawyers generally refer to novation...
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Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 28th Sep
Q&As
Various parties will usually have an interest in a construction project, eg tenants of individual units in a shopping centre development, or...
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28th Sep
Q&As
An assignment is the transfer of a right or an interest vested in one party (assignor) to another party (assignee). The effect of a valid assignment...
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28th Sep
Q&As
A collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty creates a...
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28th Sep
Q&As
Assignment for the transfer of rights under a contractAn assignment is ‘an immediate transfer of an existing proprietary right, vested or contingent...
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28th Sep
Q&As
There are two key features of deeds that distinguish them from simple contracts:•deeds are enforceable irrespective of the lack of consideration (in...
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28th Sep
Q&As
This Q&A addresses a scenario where only the schedule is novated and the rest of the original agreement is not novated (and remains an agreement...
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Produced in partnership with XXIV Old Buildings 28th Sep
Q&As
For information relating to joint, several, and joint and several liability, see:•Practice Note: Joint, several, and joint and several liability•Q&A:...
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28th Sep
Q&As
An assignment is ‘an immediate transfer of an existing proprietary right, vested or contingent from one party to another’. The default position is...
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28th Sep
Q&As
An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. An assignment can either take...
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28th Sep

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