Novation Clause (Building Contract)
Type
Practical Guidance
Document type
Precedent
Date
20 Apr 2023
Jurisdiction
Kuwait
Taxonomy
Building Contracts
Copyright
LexisNexis
Drafting notes
Where the procurement route is design and build, it is common for the employer to require the contractor to take a novation of the design consultant's appointments. This clause requires the contractor to enter into novation agreements in relation to each of the relevant consultants. At that point, the contractor steps into the place of the employer in the consultant appointments as if it had always been party to the appointment. The contractor further agrees in this clause that it will not vary or waive the terms of appointment (which the employer will have negotiated) and that it will not terminate any of the consultant's appointments without the employer's consent.