Deed · Construction & Infrastructure
Deed of novation of a design consultant to a design and construct contractor
Three-party deed transferring a design consultant's appointment from the principal to the D&C contractor: effective date, release and assumption, treatment of pre-novation services, continuing warranties to the principal, design licence, insurance and execution as a deed.
- Kind
- Deed. A deed that must be executed as a deed.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 2 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a principal has engaged an architect or engineer to develop the design and the D&C contract requires that consultant to be novated to the contractor at contract award or on a set date. Settle it with the consultant appointment and the D&C contract, which usually annexes the agreed form.
How AI may be used
AI may fill the deed from the consultant appointment and the D&C contract and compare it with the agreed form; a lawyer settles the release, the pre-novation liability position and the warranties to the principal.
AI may
- Fill the parties, dates, appointment details and fee position from the consultant appointment and the D&C contract
- Compare this deed with the form annexed to the D&C contract and list differences
- List the design documents delivered before novation from the transmittal register for Schedule 1
AI must not
- Must not change the allocation of liability for pre-novation services from what the lawyer has settled
- Must not draft a release that goes beyond the obligations being novated
- Must not state that the consultant's insurance is in place without a current certificate
The lawyer checks
- Whether liability for pre-novation services is transferred as if the contractor had always been the client, or kept separate, and that the deed says so clearly
- The principal keeps the warranties, reliance and design licence it needs if the D&C contract ends
- Each party executes as a deed, using s 127 or another valid method, and the deed is dated only when all have signed
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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