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Section X— Secondary Options

Clause X9

Transfer of Rights

Purpose

The Contractor transfers to the Employer the benefit of subcontracts, warranties, and other rights as stated in the Contract Data.

Practical Application

Rights transfer gives the Employer direct recourse against subcontractors and suppliers. The Contractor assigns the benefit of relevant agreements.

Common Pitfalls

The Employer cannot enforce rights that the Contractor did not have. Ensure subcontracts contain the necessary rights before transfer is required.

Related Clauses

Clause X8

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⚠️ This commentary is for reference only. Always refer to the full NEC4 contract text and seek professional legal or contractual advice for your specific project.