The Development Management Agreement is a crucial document used when a property owner or developer seeks to engage professional expertise for managing complex real estate development projects in Austria. This agreement is particularly important for projects requiring specialized management skills, coordination of multiple stakeholders, and comprehensive project oversight. The document, governed by Austrian law including the ABGB (Austrian Civil Code) and relevant construction regulations, establishes the framework for the development manager's appointment, defining their authority, responsibilities, and compensation structure. It is commonly used in both commercial and residential developments, particularly where the property owner requires professional project management but wishes to retain ultimate control over the development. The agreement typically includes detailed provisions for project governance, risk management, quality control, and performance monitoring, while ensuring compliance with local building regulations and industry standards.
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1. Parties: Identification of the contracting parties - typically the developer/owner and the development manager
2. Background: Context of the agreement, including project overview and purpose of engagement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Appointment and Scope of Services: Formal appointment and detailed scope of development management services
5. Duration and Program: Term of the agreement and key project milestones/timeline
6. Development Manager's Obligations: Detailed responsibilities and duties of the development manager
7. Client's Obligations: Responsibilities and duties of the client/owner
8. Fees and Payment Terms: Fee structure, payment schedule, and invoicing procedures
9. Project Governance: Decision-making framework, reporting requirements, and approval processes
10. Variations and Changes: Process for managing changes to scope, fees, or program
11. Risk Allocation and Insurance: Distribution of risks and required insurance coverage
12. Intellectual Property Rights: Ownership and usage rights of project documentation and materials
13. Confidentiality: Protection and handling of confidential information
14. Termination: Grounds and process for agreement termination
15. Liability and Indemnities: Limitations of liability and indemnification provisions
16. Dispute Resolution: Process for resolving disputes between parties
17. General Provisions: Standard boilerplate clauses including notices, assignments, and governing law
1. Force Majeure: Provisions for handling unforeseen circumstances - include if project is long-term or has significant external dependencies
2. Step-In Rights: Client's right to take over services - include for critical projects or where development manager's performance is crucial
3. Environmental Compliance: Specific environmental obligations - include if project has significant environmental impacts
4. Sustainability Requirements: Specific sustainability targets and certifications - include if project has sustainability goals
5. Public Relations: Management of public communications - include for high-profile projects
6. Financing Cooperation: Obligations regarding project financing - include if external financing is required
7. Anti-Corruption and Compliance: Specific compliance requirements - include for international projects or where required by stakeholders
8. Data Protection: GDPR and data handling requirements - include if significant personal data processing is involved
1. Schedule 1 - Services Specification: Detailed breakdown of development management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee calculation, including base fees, incentive fees, and expenses
3. Schedule 3 - Project Program: Detailed project timeline, milestones, and critical dates
4. Schedule 4 - Key Personnel: List of key team members and their roles/responsibilities
5. Schedule 5 - Project Brief: Detailed description of the development project and objectives
6. Schedule 6 - Reporting Requirements: Format and frequency of required reports and updates
7. Schedule 7 - Approval Matrix: Decision-making hierarchy and approval thresholds
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
9. Appendix A - Site Plans and Documents: Relevant site documentation and technical drawings
10. Appendix B - Form of Certificates: Templates for various certificates and formal communications
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Residential Real Estate
Industrial Development
Retail Development
Mixed-use Development
Healthcare Real Estate
Hospitality
Student Housing
Senior Living
Urban Regeneration
Relevant Teams
Legal
Real Estate
Development
Construction
Finance
Commercial
Operations
Risk & Compliance
Technical Services
Asset Management
Investment
Project Management Office
Relevant Roles
Development Director
Project Manager
Real Estate Manager
Construction Manager
Investment Manager
Property Director
Legal Counsel
Contract Manager
Commercial Director
Finance Director
Technical Director
Asset Manager
Operations Manager
Risk Manager
Compliance Officer
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