Deed of novation by contractor’s administrator
Produced in partnership with Mills & Reeve
Deed of novation by contractor’s administrator

The following Construction precedent produced in partnership with Mills & Reeve provides comprehensive and up to date legal information covering:

  • Deed of novation by contractor’s administrator
  • Whereas
  • 1 Effective date
  • 2 Novation
  • 3 Novated fees
  • 4 Amendments to the Building Contract
  • 5 Liability of Administrator
  • 6 Contracts (Rights of Third Parties) Act 1999
  • 7 Governing law
  • The Schedule Variations to the Contract

This Deed of novation is made on the [insert day] day of [insert month] 20[insert year]

Parties

  1. 1

    [insert name of company] (in administration) (Company Registration No. [insert number]) whose registered office is situated at [insert address] (the ‘Original Contractor’) acting by its [joint] [Administrator OR Administrators], [insert name of [Administrator OR Administrators]] (each an administrator and together the joint administrators) of [insert name and address of firm] (the [Administrator’ OR ‘Administrators])

  1. 2

    [insert name of contractor] (Company Registration No. [insert number]) whose registered office is situated at [insert address] (the ‘New Contractor’)

  1. 3

    [insert name of employer] (Company Registration No. [insert number]) whose registered office is situated at [insert address] (the ‘Employer’)

Whereas

    1. (A)

      The [Administrator OR Administrators] were appointed to the Original Contractor [by the Floating Charge Holder OR the Directors OR the Company OR Order of the Court] pursuant to paragraph [[14] OR [22]] of Schedule B1 of the Insolvency Act 1986 on [insert date of appointment of Administrator(s)].

    1. (B)

      This Deed is supplemental to [insert details of contract to be novated eg a design and build contract] dated [insert date] and made between the Employer and the Original Contractor relating to the [insert description of the purpose of the contract] (the "Building Contract").

    1. (C)

      The [Administrator OR Administrators], th

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