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).
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
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
This document was written by a solicitor for Net Lawman. It complies with current Canadian law.
What other customers thought
Average customer rating
"I needed an Agreement and Google, as always, was where I headed. I found the Net Lawman site and initially I thought I needed a relationship type Agreement but the Lodger one was absolutely perfect.
I didn't think it would be so easy so would recommend your website to anybody who was looking for an Agreement to suit their needs."Wendy Auger
"Brilliant. I am most grateful to Net Lawman. Your service standard is unparallel. I would strongly recommend any individual or organisation to Net Lawman."Dr. Smarajit Roy
"Net Lawman has helped me through several procedures. The documents in plain English, the drafting service and the delightful customer service means I can get the job done properly, at a price that doesn't affect a small businesses bottom line. Thank you!"Dan White