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Architect's Consent to Assigment

Construction Lawyer

It may gain this control through an assignment of the architect’s agreement to the bank upon the default of the borrower. Most owner/architect agreements allow for the assignment to take place if the borrower defaults under the loan agreement with its lender, the bank. The short answer is that the architect will not get paid.

Banking 45
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#67:  Paying Your Subcontractor's Employees

NH Construction Law

The main advantage of such “trust fund” provisions is in bankruptcy; trust funds are not considered assets of the subcontractor/debtor that can be distributed to general creditors. But hey, who ever said that general contracting was risk-free?