Novation agreement: transfer of architectural or building contract

Easy to use, effective novation agreement, structured flexibly as a deed, for use where the customer of an architectural or construction contract changes part-way through the project (e.g. where the land and part-completed buildings are sold).

Suitable for use in: AB, BC, MB, ON and SK
Price C$29.00
  • Solicitor approved
  • Plain English makes editing easy
  • Guidance notes included
  • Money back guarantee
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About this novation agreement

Use this novation agreement to transfer a contract for the design or build of a property to the purchaser on the sale of land.

This is a simple yet comprehensive agreement that can be used to novate any building contract, usually with only minimal editing.

The consent of all three parties - the transferee, the transferor and the other contracting party - is required to implement the novation.

Why a deed of novation rather than a contract

Our novation agreement has been drawn as a deed rather than a contract. At law, a contract requires consideration (something in return for the novation). A deed does not require consideration, so it is a more flexible way of achieving the same end.

When to use this novation agreement

Typically (although not exclusively) this novation agreement would be used in the following situations:

  • When the owner of a development is forced to sell before completing the project and the buyer wishes the existing contractor to continue the development
  • When an unincorporated business is sold along with an unfinished land or building development

This agreement could be bought by:

  • A seller looking to make the purchase of his land as easy and attractive for a buyer as possible (even easier if the novation agreement is signed by the contractor in advance of the sale)
  • A buyer wishing to sort out the affairs of a seller having bought an unfinished property
  • A builder, tradesman or architect who wants to keep developing the site even though the customer changes

Agreement features and contents

  • Suitable when either party is resident outside Canada
  • Ensures a legal transfer as it is drawn as an agreement between all parties
  • Comprehensive provisions provide ideas for you to mould
  • Suitable for all provinces of Canada

The deed of novation contains the following sections:

  • Details of the parties
  • Indemnity clause to protect both parties from loss, damage or legal liability once the contract is transferred
  • The novation
  • Other usual legal provisions in plain English
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current Canadian law.

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