The assignment of a contract occurs when one party to the contract (the assignor) transfers its rights and responsibilities under the contract to another person or entity (the assignee)—usually someone who was not a party to the original contract.
Contracts often include a paragraph or clause near the end of the agreement that addresses whether the parties may assign the contract.
In Nebraska, the assignment of a contract is generally permissible unless the contract itself prohibits it or the assignment would significantly change the obligations of the other party. Contracts may include specific clauses that outline the conditions under which an assignment is allowed or prohibited. If a contract is silent on the issue of assignment, it is typically assumed that the contract rights can be assigned. However, contractual duties or obligations cannot be assigned if the assignment would materially alter the performance expected by the other party or increase their risk. It's important to review the contract language and understand any state laws that might affect the assignment. Additionally, some types of contracts, such as personal service contracts or contracts with a highly personal nature, may not be assignable. As with any legal action, it is advisable to consult with an attorney to understand the specific implications of contract assignment under Nebraska law.