Third Party Agreement Clause

f) Other payment terms. The other payment terms of this contract govern the content and submission of payment requests. When a clause requires information or documents in or with the payment request that are not provided for in the agreement reached by third parties pursuant to point (c) of this clause, the contractor requests instructions from the contractor before filing such a request for payment. The employer`s lawyers may argue that the contractor participated in the “design phase” of a third-party agreement. Although the contractor may have had some contributions to the attached technical documentation. B a licence to amend, it is rare that he was involved in the negotiation and development of the legal and operational provisions. In this context, “Confers” means that one of the purposes of the transaction (and not one of its side effects) should benefit the third party: Dolphin Maritime/Sveriges Angartygs (2009). 2.4.3 In any event, even if this notion of law were abrogated, the jurisdiction of arbitrators vis-à-vis V.X.________ should be allowed. Even the Court of Arbitration found that the above company should be actively involved in the implementation of the plan in stages and, in particular, in stages 6 and 7.

In its opinion, “such participation in the implementation demonstrates the common intention of the parties to have V.X.________ bound by the arbitration agreement.” By highlighting their actual intention to extend the arbitration agreement to that third party, the arbitrators made a definitive finding of facts preventing one of these parties from challenging the right of the V.X.________ to participate in the arbitration. 2.4.2 A contract for a third party under Article 112 CO is a contract by which one party, the Stipulator, another party, the Promisor, is required to commit to a third party, the beneficiary (Pierre Engel, Treaty of Obligations in Swiss Law, 2nd ed. 1997, p. 417). If this was the intention of the parties, the third party or its successors may personally request the benefit (Article 112, paragraph 2, CO). In this case, the contract is perfected for the benefit of a third party. (e) assignment of rights. Notwithstanding other provisions of this contract, where a payment is made under this clause, no payment of this contract is surrendered in accordance with the terms of the transfer of that contract or the 1940 Transfer Act (31 U.S.C.3727, 41 U.S.C.6305).

In reviewing the changes to the work contracts, the fact that the contractor would have to assume all of the employer`s obligations, commitments and risks under “line” employer agreements relating to the performance of the work, as if those obligations were defined in the construction contract, appears to have become a recurring topic.