This can be avoided, or at least discouraged, by indicating the right language in the contract, in order to prevent ordering or factoring. Most of the time, the contractor assigns the agreement to another contractor, which would ensure adequate protection of most contracts by finding that the contract cannot be assigned without the agreement of the owner. But sometimes this language is not enough because, in the two scenarios described above, it is not the contract itself that is assigned or sold, but only the receivable. If you can terminate the benefit assignment agreement, do so as soon as possible. A broader but more specific language, such as: “The Contractor may not assign or transfer its shares in this Contract, or assign or transfer any rights it holds in the product(s) it is required to pay for or in any part of this Contract… ” prohibits not only the assignment of the contract, but certain interests in the treaty, which are better equipped to avoid the fight against factoring. When assignees or factoring companies verify receivables, they may consider contractual language that expressly prohibits the assignment or factoring of receivables that could distance your project from such agreements, which could impact your lender`s financing and progress of the project. It can be argued that a project owner or developer should not worry about whether a contractor assigns or takes into account their receivables as long as they continue to work. However, when it comes to factoring in particular, this can have an impact, as the factor requires direct payment. Assuming a project has a construction loan, the lender will not simply finance an unknown business that has not been approved in advance by the lender.
In addition, lenders and landlords generally do not have to make payments without obtaining from the beneficiary a waiver of the deposit that the postman may not be able to make. If the lender does not finance, the contractor may have a basis for stopping the work that could delay the project. Contractors don`t use assignment agreements to make your life easier, but to make their lives easier (and get more money). If you sign an AOB form, give your cardholder the keys to your insurance policy (without backup copies for you). . . .