Thus.B. as part of a D-C agreement, it is customary for the client to assign an advisor to carry out planning work before the contractor entrusts the work to a principal. At some point in the project (for example. B when the project has reached a certain stage), the owner may appoint disinherited design advisors to the contractor. Novation fundamentally changes the risk allocation in the project, since the prime contractor then generally assumes responsibility for the entire design (including previous design work). Innovation agreements are adopted by construction industry employers to ensure the quality of the project by the initial project by a professional design office and to take into account the quality of the construction, giving design responsibility to a contractor who is a construction expert and who is aware of the practical problems that may arise during the actual construction. With regard to the development and construction of buildings, Novation generally refers to the procedure in which design consultants are first assigned to the client, but then « renewed » to the contractor. The seller of a company transfers the contracts with its customers and suppliers to the buyer. An innovation agreement should be used for the transfer of each contract. Novation is an essential feature of construction and construction projects, particularly in terms of the design and construction of supply. In the event of a renovation of the contract, the other contractor (original) must be kept in the same position as before the renovation. Innovation therefore requires the agreement of all three parties.
While the agreement of the seller and the assignor is simple, it may be more difficult to obtain the agreement of the other original party: for example: you buy a building or a development of land that is still under construction and you want the existing contractor to continue the work, although the original contract has been concluded between the contractor and the seller. As far as Novation is concerned, it is a question of replacing contractors with legal agreements. To simplify, one party transfers its rights and obligations to a new party with the agreement of the other party. An innovation agreement is not possible without authorization. If no innovation agreement and the form of the innovation agreement were concluded at the first appointment of the consultant, they are not required to accept a novated. It is therefore essential that the main contracts between the contracting authorities and the consultants, as well as between the contracting powers and the contractors, contain explicit conditions requiring the contractor and the advisor to enter into the innovation contract. Generally speaking, if you are not sure of assigning or novate, we recommend that you novier and get the agreement of all parties. Net Lawman offers a number of appropriate agreements for different situations.