Assignment of building contracts, consultant appointments and collateral warranties: restrictions, consent, legal assignment, notices and when to novate—practitioner checklist (England and Wales)

Published by a LexisNexis Construction expert

Checklists

This Checklist offers a proposed set of key points to weigh up when assessing whether a construction agreement—be that a building contract, a consultant appointment or a collateral warranty—can be assigned. It also sets out the practical steps to be taken to complete an assignment of the benefit of a construction contract from one party to another.

Does the construction contract contain assignment provisions?

Construction agreements commonly include an explicit clause addressing the parties’ rights to assign under it. Where the contract says nothing about assignment, either side may assign the contract without limitation or constraint. In some cases, the contract will expressly bar assignment by one or both parties. Usually, the employer is not wholly barred from assigning; however, there is often a cap on how many assignments can occur without the other party’s consent (see further on restrictions below). See Practice Note: Assignment in construction contracts.
Are there any restrictions on the right to assign?

Construction contracts frequently impose one or more limits on the parties’ ability to transfer their interest under the agreement, setting boundaries on if, when, and how an assignment may proceed...

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Web page updated on 20/05/2026

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