Episode 43 - Novation vs Consultant Switch

Novation and Consultant Switch represent distinct legal mechanisms for transferring architectural service obligations during design-and-build projects. Novation functions as a three-way agreement transferring both benefits and burdens from an original client to a contractor, necessitating clear documentation to avoid "ab initio" pitfalls that create retroactive conflicts of interest. Architects must ensure the financial stability of the incoming party and maintain strict separation of duties if providing post-novation services to the original client. Alternatively, Consultant Switch terminates the initial appointment, requiring a new contract with the contractor while retaining liability to the original client for prior work. The 2001 *Blythe and Blythe v. Carillion* case highlights the critical importance of timing, demonstrating that architects remain liable for pre-novation breaches to the original client rather than the contractor. Professional diligence in managing these transitions prevents significant legal and financial exposure.