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Assignment Of Construction Contract Template for India

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Key Requirements PROMPT example:

Assignment Of Construction Contract

"I need an Assignment of Construction Contract for transferring a residential high-rise project in Mumbai from ABC Constructions to XYZ Builders, with specific provisions for ongoing subcontractor relationships and transfer of all warranties and guarantees by March 2025."

Document background
The Assignment Of Construction Contract is a crucial document used in the Indian construction industry when a contractor needs to transfer their contractual rights and obligations to another party. This situation commonly arises during corporate restructuring, financial difficulties, or strategic business decisions. The document, governed by Indian law, particularly the Indian Contract Act and construction regulations, ensures a smooth transition of project responsibilities while protecting all parties' interests. It typically includes detailed provisions for the transfer of ongoing works, warranties, performance securities, and subcontractor relationships. The assignment requires careful consideration of existing project documentation, regulatory compliance, and often necessitates the employer's explicit consent. This document is essential for maintaining project continuity while formalizing the legal transfer of contractual obligations.
Suggested Sections

1. Parties: Identifies the Assignor (original contractor), Assignee (new contractor), and the Employer/Principal from the original construction contract

2. Background: Describes the original construction contract, the reason for assignment, and confirms the parties' intention to assign the contract

3. Definitions: Defines key terms used in the assignment agreement, including reference to terms from the original construction contract

4. Assignment: Core provision that transfers the rights, benefits, and obligations under the construction contract from Assignor to Assignee

5. Effective Date: Specifies when the assignment becomes effective and any conditions precedent

6. Consideration: Details any payment or consideration for the assignment

7. Assignor's Warranties: Warranties regarding the original contract, outstanding obligations, and absence of prior assignments

8. Assignee's Undertakings: Commitments by the Assignee to perform the contract obligations and indemnify the Assignor

9. Employer's Consent: Acknowledgment and consent of the Employer to the assignment

10. Handover Provisions: Process for transferring project documents, materials, and site possession

11. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes

12. Notices: Details how formal notices should be given between parties

13. Execution: Formal execution blocks for all parties to sign

Optional Sections

1. Outstanding Claims: Include when there are existing claims or disputes that need to be addressed in the assignment

2. Retention of Rights: Use when Assignor needs to retain certain rights or obligations from the original contract

3. Bank Guarantees and Securities: Include when there are existing performance bonds or guarantees that need to be transferred or replaced

4. Intellectual Property Rights: Add when specific IP rights need to be transferred or licensed

5. Tax Provisions: Include when there are specific tax implications that need to be addressed

6. Subcontractor Provisions: Use when existing subcontractor relationships need to be addressed

7. Step-In Rights: Include when specific procedures for stepping into subcontracts are required

Suggested Schedules

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

2. Project Specifications: Technical specifications and scope of work from the original contract

3. Outstanding Works: List of incomplete works and current project status

4. Payment Details: Schedule of payments made and remaining payments under the contract

5. Existing Subcontracts: List of all subcontracts and their current status

6. Site Documents: Relevant site possession certificates, permits, and approvals

7. Performance Securities: Details of existing bonds, guarantees, and warranties

8. Handover Checklist: List of documents, materials, and equipment to be transferred

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Mining

Energy and Utilities

Transportation

Healthcare Infrastructure

Education Infrastructure

Relevant Teams

Legal

Operations

Construction

Commercial

Finance

Risk & Compliance

Procurement

Project Management

Business Development

Corporate Secretariat

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Commercial Director

Chief Operating Officer

Project Manager

Site Engineer

Procurement Manager

Risk Manager

Finance Director

Managing Director

Company Secretary

Operations Manager

Business Development Manager

Industries








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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