– Do you make this agreement for the benefit of the seller or buyer? This handy note relates to standard form novation agreements published by the City of London Law Society (CLLS) and the Construction Industry Council (CIC). With regard to the CIC Innovation Agreement, this practical note deals with the "Switch" edition published in 2004 – in 2018, the CIC has published an "ab initio" innovation agreement (revised in 2019) and we will publish new content on this subject in due course. Novation occurs when A and B are parties to an agreement and B "transfers" to C the obligations and rights arising from the agreement, so that C can be called "entry into the shoes" of B, with the entry into force of a contractual relationship between A and C. When consulting with a client, you should be aware of the requirements of a valid Novation and the consequences for the incoming and outgoing novations if a novation can be avoided at the time of the development of the innovation. A precedent: the Novation Agreement – the long form is provided. The effect of an innovation is the termination of the original contract and its replacement by a new contract, under which the same rights and obligations must be conferred and fulfilled, but by different parties, the outgoing party being exempt from any future liabilities of the contract. Novation is now a very common feature in construction projects. It occurs in a number of different scenarios, but it has focused particularly on an accepted practice for projects purchased on the basis of design and construction. For more information on innovation in general, see the practical note: Innovation in construction projects. The parties to the innovation are generally the same parties that would participate in a market. It is customary for parties involved in construction projects to use their own forms of tailored innovation agreement and, as a result, many different forms circulate.
However, two standard forms were published in 2004, one by the LLSC Works Committee and the other by the CIC. The others are short and simple documents that have avoided unnecessary provisions, but they have different approaches to the consultant`s innovation. However, they deal with both the main problems of Blyth- Blyth v Carillion and the "no loss" argument (see practical mentions: innovation in construction projects and defence "deficit" in construction contracts). Flexibility to access only the desired content if you need it. Subscribe to either a custom package, an all-inclusive encyclopedia, or the purchase of a unique document in our eStore. Personalize your document with design options and alternative clauses. Our previous forms and suites are created and designed by industry experts who bring decades of legal practice experience into each document. Each precedent contains practical instructions to save time and minimize risk – to protect your reputation.
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