South Carolina Conveyance and Assignment of Compensation Agreement, Plant Site Agreement, and Road Use Agreement

State:
Multi-State
Control #:
US-OG-479
Format:
Word; 
Rich Text
Instant download

Description

This is a form of Conveyance and Assignment of Compensation Agreement, Plant Site Agreement, and Road Use Agreement form, is the compensation agreement for the conveyance and assignment of plant site and road use.
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FAQ

21 Thus, assignment in South Carolina is permissible, but only after the third-party plaintiff has obtained an excess judgment.

Preference for resident design service; definitions; exceptions. (A) As used in this section: (1) "Design services" means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910 and awarded pursuant to Section 11-35-3220.

SECTION 58-27-265. Identification of regulatory challenges and opportunities associated with electrification of transportation sector.

Generally speaking, contracts can be freely assigned to third parties. Non-assignment provisions are designed so that contracts cannot be as freely assigned to third parties; or at least, not without first obtaining the contracting counterparty's consent.

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value ...

The initial contract must provide for the possibility of assignment by one of the initial contracting parties. The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or "assume," those contractual rights and duties.

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.

SC Code § 11-35-3030 requires governmental bodies to obtain labor and material payment bonds on any contract to improve real property if the contract is valued in excess of $50,000.

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South Carolina Conveyance and Assignment of Compensation Agreement, Plant Site Agreement, and Road Use Agreement