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Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.
For some reason I cannot open the attachment. However, it seems the contract was novated, so a new contract created whereby the original company is no longer liable but he new one it. I doubt this is an assignment as for that to work, the obligations under the contract cannot be assigned (the burden cannot be assigned, only the rights and benefits under the contract can be assigned). The novation can be implied by conduct, or accepted verbally or in writing. I am fairly certain your situation is a novation and Company B would be liable here. It is a clear case of substitution of one party for another (therefore, a novation situation).
I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.
Many thanks,
Jim
Hi there, I am not familiar with JCT clauses however other experts on this site are - so I will need to opt out of this question to let them answer this for you.
Thanks
Hello.
I believe you are correct based on the principle in Hillcrest Homes Limited v Beresford and Curbishley Limited 2014. You can view the summary here
http://www.adjudication.co.uk/archive/view/case/1613/term/search+our+site/hillcrest_homes_ltd_v_beresford_and_curbishley_ltd_%5B2014%5D_ewhc_280_(tcc)
You're welcome, please let me know if you find it useful and if it is helpful, if so please take a moment to provide a rating. Kind regards, John