---
title: "Deed of novation of a design consultant to a design and construct contractor"
url: "https://ailawframework.com/precedents/construction-and-infrastructure/deed-of-novation-design-consultant"
type: "precedent"
site: "AI Law Framework"
id: "a11-deed-of-novation-design-consultant"
area_id: "A11"
kind: "deed"
ai_level: "yellow"
version: 1
task_ids: ["A11-T1-R11"]
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/construction-and-infrastructure/deed-of-novation-design-consultant  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Deed. A deed that must be executed as a deed.
- Practice area: [Construction & Infrastructure](https://ailawframework.com/precedents/construction-and-infrastructure.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 2 authorities it cites, for Australia.

## 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.

## Used for these tasks

- [Draft or review a design novation package](https://ailawframework.com/practice/construction-and-infrastructure.md#A11-T1-R11)

## 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

## Authorities

- [Corporations Act 2001 (Cth) s 127(1) and (3) (execution of documents, including deeds, by a company without a common seal; deed must be expressed to be executed as a deed) and note 2 to s 127(1) (signing may be satisfied electronically)](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca2001172/s127.html)
- [Standards Australia, AS 4000:2025 General conditions of contract; AS 4902-2000 General conditions of contract for design and construct to be revised to align with AS 4000:2025 (licensed standard forms: cite, do not reproduce)](https://www.standards.org.au/news/standards-australia-updates-as-4000-2025-general-conditions-of-contract)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/construction-and-infrastructure/deed-of-novation-design-consultant and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*