When it comes to the assignment of the contract manager, a third-party contract often refers to the party that assumes a contractor`s obligations or obligations if the signatory is unable to meet the conditions. This type of third-party contract not only transfers the obligation to execute the contract, but also gives one-third of the rights granted to the original policyholder. In most cases, there is also a clause indicating the circumstances that would transfer the responsibilities and rights of the original signatory to the third party. A beneficiary can sue the recipient of the promise directly to enforce the promise. (Seaver v. Ransom, 224 NY 233, 120 NE 639 ). A beneficiary is, when a contract is expressly entered into for the donation of a third party, the third party is designated as a beneficiary. The most common contract with beneficiaries is life insurance. In reviewing the changes to the work contracts, the fact that the contractor would have to assume all of the employer`s obligations, commitments and risks under « line » employer agreements relating to the performance of the work, as if those obligations were defined in the construction contract, appears to have become a recurring topic. Typical third-party contracts may include a lease agreement or modification agreement agreed with the employer`s lessor or a financing agreement with a bank. Sometimes a third-party contract is established to indicate that the performance of the contract gives an advantage to a person who has not signed the contact. Benefits to third parties are generally expected and excluded from contracts, unless one of the signatories wants to set a specific benefit for a given third party.
To enforce the contract, a third party must be able to prove that the contract was entered into in their favour. Otherwise, the benefit is considered incidental and the contract can only be applied by the original signatories. For a third-party beneficiary to have rights under the contract, he must be a intended beneficiary, unlike a secondary beneficiary. The third party must argue and prove that he or she was indeed a intended beneficiary. n. a person who is not a party to a contract or transaction but is involved (for example. B a buyer of one of the parties who participated in the signing of the agreement or who made a rejected offer). As a general rule, the third party has no legal right to do so, unless the contract has been entered into in favour of the third party. An assignment refers to a person who is a party to a contract (the assignee) who transfers his rights to another person known as the assignee.
The assignee may sue the contract directly against the person designated as an assignee. The person in charge of the contract is designated as a debtor. In principle, there are no formal conditions for transfer, unless a statute with specific requirements is in effect. If the words in the treaty show the intention to transfer rights, that is enough to form an assignment. The employer`s lawyers often reply with « Ah, but only to the extent that these obligations relate to the performance of the work, » so the contractor does not have to worry. » Does this do the trick and solve the problem correctly? No, unfortunately, not if we look more closely at the specific commitments of these agreements. Third-party agreements may be narrowly fixed (i.e. specific agreements specifically mentioned) or in general (i.e. any agreement reached by the employer or likely to conclude in the future). Even if the contractor agrees to be bound by third-party agreements made available to him before the date of the conclusion of the construction contract, he must read them very carefully in order to identify any additional conflicts or obligations and to rent and schedule his work accordingly.