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| Part 3 - Assignability of Contracts and Subcontracts |
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Assignability |
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4 |
(1) |
Every replaceable contract must provide that the interests of the contractor are assignable, subject to the consent of the licence holder, and that the consent must not be withheld unreasonably. |
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(2) |
Every replaceable subcontract must provide that the interests of the subcontractor are assignable, subject to the consent of the contractor, and that the consent must not be withheld unreasonably. |
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(3) |
If a licence holder or a contractor withholds consent to an assignment of a contract or subcontract, the onus is on the licence holder or contractor to show that the withholding was reasonable. |
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(4) |
If, 31 or more days after receiving a notice from a contractor or subcontractor requesting consent to the assignment of a contract or subcontract, the licence holder or contractor has not notified the contractor or subcontractor of the reasons for withholding that consent, the licence holder or contractor is deemed to have consented to the assignment. |
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(5) |
A notice from a contractor or subcontractor under subsection (4) must describe the intended assignee of the contract or subcontract. |
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