Michigan Agreement for Construction of a Building with no Assignment or Subletting of either Party's Interest without Consent of other Party
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How to fill out Agreement For Construction Of A Building With No Assignment Or Subletting Of Either Party's Interest Without Consent Of Other Party?
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FAQ
The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor, materially burden him, increase his risk, or otherwise diminish the value to him of the original contract; (2) statute or public policy forbids the assignment; or (3) the contract itself precludes assignment.
It's not usually possible to assign burdens, obligations or debts under a construction contract. An example of the assignment of a benefit in a construction contract is transferring a collateral warranty to the tenant or purchaser of a building either during construction or after completion.
However, certain contracts cannot be assigned, for example, contracts with personal rights, such as an agreement between an author and a publisher or a sportsperson and their agent. You must obtain consent from all parties to the original contract and the third party agreeing if you want to novate a contract.
Michigan construction contract requirements Only residential construction contracts are regulated in Michigan. Such contracts must be in writing, include the contractor's license number (if a license is required), and cite the statute that requires the contractor to be licensed for their particular trade.
It is trite law that it is, in any event, impossible to assign "the contract" as a whole, i.e. including both burden and benefit. The burden of a contract can never be assigned without the consent of the other party to the contract in which event such consent will give rise to a novation.
An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time.
Does a party want to allow assignment or prohibit it? Most jurisdictions permit the free transferability of contracts if the contract is silent on assignment, so if there is a desire to restrict assignment, an anti-assignment clause must be included.