OUTSTANDING NOVATION

摘要

Clients using design and build as the means of procuring their projects often intend that the professional team should be novated to the design and build contractor once the building contract is let. This may well have been discussed and agreed in principle with the consultants and the contractor at an early stage. But uncertainties over the contractual position of the parties can arise if at some point in the project - usually during the tender stage - they start to act as if the novation has taken place when in fact no formal deed of novation or new appointment between the contractor and the consultant is ever entered into.