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Assignment Of Construction Contract
"I need an Assignment of Construction Contract to transfer our office building construction project from ABC Constructions Ltd to XYZ Builders Ltd due to our company restructuring, with the assignment to take effect from March 1, 2025; the original contract value is NZD 5.2 million and is currently 40% complete."
1. Parties: Identification of the Assignor (original contractor), Assignee (new contractor), and Principal (client)
2. Background: Details of the original construction contract, reason for assignment, and context of the transfer
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpretation
4. Assignment: Core provision transferring rights and obligations under the construction contract from Assignor to Assignee
5. Effective Date: Specification of when the assignment takes effect
6. Consideration: Details of any payment for the assignment
7. Assignor's Warranties: Warranties regarding the original contract, outstanding obligations, and authority to assign
8. Assignee's Covenants: Assignee's commitments to perform the contract and indemnify the Assignor
9. Principal's Consent: Documentation of the Principal's agreement to the assignment
10. Completion of Assignment: Actions required to complete the assignment process
11. Governing Law: Specification that New Zealand law governs the assignment
1. Security Arrangements: Required if there are bonds, guarantees, or other security arrangements to be transferred or replaced
2. Intellectual Property: Needed if specific IP rights are being transferred as part of the assignment
3. Outstanding Claims: Include if there are existing disputes or claims that need to be addressed
4. Retention Monies: Required if there are retention funds held under the original contract
5. Novation Provisions: Include if the arrangement is structured as a novation rather than pure assignment
6. Third Party Consents: Required if other parties' consents (beyond the Principal) are needed
7. Insurance Arrangements: Include if specific insurance requirements need to be transferred or established
1. Schedule 1 - Original Construction Contract: Copy or details of the construction contract being assigned
2. Schedule 2 - Project Details: Specific details of the construction project including location, scope, and current status
3. Schedule 3 - Outstanding Obligations: List of remaining works, payments, and obligations under the contract
4. Schedule 4 - Existing Securities: Details of any bonds, guarantees, or other security arrangements
5. Schedule 5 - Consents and Approvals: Copies of all required consents for the assignment
6. Schedule 6 - Transfer Documents: Forms and notices required to effect the transfer of the contract
7. Appendix A - Completion Certificate: Form of certificate confirming completion of the assignment process
Authors
Construction
Infrastructure
Real Estate Development
Engineering
Commercial Property
Residential Development
Industrial Construction
Public Works
Mining
Energy
Legal
Construction
Commercial
Operations
Risk and Compliance
Project Management
Contract Administration
Procurement
Finance
Technical Services
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Commercial Manager
Project Manager
Quantity Surveyor
Risk Manager
Operations Director
Chief Executive Officer
Construction Lawyer
Procurement Manager
Company Secretary
Financial Controller
Technical Director
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