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Assignment Of Construction Contract Template for England and Wales

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Key Requirements PROMPT example:

Assignment Of Construction Contract Template

I need an Assignment Of Construction Contract Template to transfer our rights under a residential development project from ABC Construction Ltd to XYZ Developers Ltd, with the assignment to take effect from 1st March 2025 and including provisions for outstanding payment claims.

Document background
The Assignment Of Construction Contract Template is essential when there's a need to transfer rights and obligations under an existing construction contract in England and Wales. This document is commonly used during project restructuring, company acquisitions, or when refinancing construction projects. It ensures compliance with the Housing Grants, Construction and Regeneration Act 1996 and other relevant legislation while maintaining the continuity of construction works. The template includes provisions for the transfer of rights, obligations, warranties, and security interests, along with necessary consents and approvals.
Suggested Sections

1. Parties: Details of the Assignor, Assignee, and Original Contractor

2. Background: Context of the original construction contract and reason for assignment

3. Definitions: Key terms used throughout the assignment agreement

4. Assignment: Core provisions detailing what is being assigned and when it takes effect

5. Consideration: Details of payment or other consideration for the assignment

6. Warranties: Assignor's warranties regarding the contract being assigned

7. Execution: Signature blocks and execution provisions

Optional Sections

1. Consent of Original Contractor: Required if original contract requires consent for assignment

2. Security Provisions: Details of any security arrangements when assignment is for security purposes

3. Novation Provisions: Provisions for when some obligations need to be transferred rather than just rights

Suggested Schedules

1. Original Construction Contract: Copy of the contract being assigned

2. List of Project Documents: Schedule of all relevant project documentation being transferred

3. Consent Documentation: Any required third-party consents or approvals

4. Outstanding Claims Schedule: List of any existing claims or disputes under the original contract

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Contracts (Rights of Third Parties) Act 1999: Primary legislation governing how rights can be transferred to third parties and how benefits under the contract can be assigned. Essential for ensuring valid transfer of contractual rights.

Law of Property Act 1925: Fundamental legislation relevant for assignments involving property rights and contains key provisions about legal assignments in England and Wales.

Housing Grants, Construction and Regeneration Act 1996: Core construction industry legislation (Construction Act) containing mandatory provisions about payment terms and dispute resolution that must be preserved in assignment.

Law of Assignment Principles: Common law principles governing legal and equitable assignments, including requirements for validity and notice requirements for effective assignment.

Privity of Contract Doctrine: Common law principle determining who can enforce contractual rights and its impact on warranties and guarantees in assigned contracts.

Construction Design and Management Regulations 2015: Regulations governing health and safety obligations in construction projects and how these responsibilities transfer during assignment.

Building Regulations 2010: Technical and compliance requirements for construction works and consideration of how responsibilities transfer under these regulations.

Public Procurement Rules: Specific rules and restrictions governing assignment of public contracts, including required transfer procedures and limitations (where applicable).

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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