The most common use of contracts in the construction sector today is in terms of guarantees of guarantees. The guarantees of consultants, contractors and subcontractors are often given to later owners or leases. The assignment can no longer be considered a transfer right available to the enzteller; it is not in a position to create new rights for the benefit of an assignee. For example, an assignment may be relevant if you have a larger company in which you have a parent company and also some subsidiaries. You want the parent company to continue to meet its contract obligations, but you want the parent company`s customers to make payments to a subsidiary in order to increase that company`s cash flow. They would enter into an assignment obligation with the customer to allow the customer to pay the subsidiary. After the assignment, the assignee is entitled to the contract and the other party`s claim to assert his rights. The assignee still owes the other contractor obligations and is still required to execute part of the contract to be executed, as the burden cannot be transferred. In practice, it is generally the case that the assignee takes over the performance of the contract with the effect of the assignment and that the assignee generally seeks compensation for a violation or non-performance by the assignee. The assignee remains responsible for past debts that were incurred prior to the transfer. Task against innovation: What is the difference? A transfer contract transfers the rights and obligations of one party arising from a contract to another party. The party who transfers his rights and duties is the assignee; the party that receives it is the agent. Novation is a mechanism by which a party transfers to a third party all of its obligations and rights arising from a contract, with the agreement of the original counterparty.
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 it is easy to get the seller`s approval and hear it, it can be more difficult to get the agreement of the other original party: for example, you lend money to a lender and you want to transfer the debt later to another person (perhaps a friend, business partner or buyer of your business) so that he can repay the lender instead of you. In this situation, you should use an agreement that novats the debt. With regard to work contracts, the question of divestment often arises as to whether the guarantees granted to parties outside the main construction contract can be granted. Finally, one of the most important (and sometimes overlooked) steps is always to document what you have agreed to in writing.