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Development Management Agreement
"I need a Development Management Agreement for a mixed-use residential and retail project in Sydney, with construction starting in March 2025, including specific provisions for staged delivery and sustainability requirements under NSW green building regulations."
1. Parties: Identification of the principal/owner and development manager
2. Background: Context of the agreement, project overview, and purpose
3. Definitions and Interpretation: Key terms, interpretation rules, and governing principles
4. Appointment and Term: Formal appointment of development manager, commencement date, and duration
5. Development Manager's Services: Detailed scope of services, responsibilities, and deliverables
6. Principal's Obligations: Responsibilities and obligations of the principal/owner
7. Project Governance: Decision-making processes, approval requirements, and reporting structures
8. Fees and Payment: Fee structure, payment terms, and mechanisms
9. Personnel and Resources: Key personnel requirements, resource commitments, and substitution procedures
10. Compliance and Approvals: Regulatory compliance requirements and approval processes
11. Intellectual Property: Ownership and usage rights of project-related IP
12. Insurance and Liability: Insurance requirements, liability caps, and indemnities
13. Termination: Termination rights, processes, and consequences
14. Dispute Resolution: Process for handling disputes and escalation procedures
15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Probity Requirements: Required for public sector or regulated industry projects to ensure transparency and accountability
2. Environmental Management: Required for projects with significant environmental impacts or requirements
3. Community Consultation: Include when project requires community engagement or public consultation
4. Value Engineering: Include for complex projects where cost optimization is a key requirement
5. Marketing and Sales: Required if development manager's scope includes marketing/sales responsibilities
6. Staging and Separable Portions: Include for projects delivered in stages or with distinct separable portions
7. Third Party Agreements: Required when project involves significant third party stakeholders or agreements
8. Force Majeure: Include detailed provisions for high-risk or long-term projects
1. Schedule 1 - Project Brief: Detailed description of the project, including scope, objectives, and requirements
2. Schedule 2 - Services Schedule: Comprehensive list of development management services and deliverables
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, including base fees, incentive fees, and disbursements
4. Schedule 4 - Program: Project timeline, milestones, and key dates
5. Schedule 5 - Key Personnel: Details of key personnel and their roles/responsibilities
6. Schedule 6 - Site Details: Property information, site constraints, and existing conditions
7. Schedule 7 - Approval Requirements: List of required regulatory and other approvals
8. Schedule 8 - Reporting Requirements: Format and frequency of required reports and updates
9. Schedule 9 - Pro-forma Documents: Standard forms and templates for project documentation
10. Appendix A - Site Plans: Relevant plans, drawings, and site documentation
11. Appendix B - Project Budget: Detailed project budget and cost estimates
Authors
Commercial Property
Residential Property
Industrial Property
Retail Property
Mixed-Use Development
Healthcare Facilities
Education Facilities
Infrastructure Development
Urban Regeneration
Hospitality
Aged Care
Legal
Development
Construction
Commercial
Property
Planning
Finance
Operations
Risk & Compliance
Project Management
Asset Management
Development Manager
Project Director
Property Director
Construction Manager
Legal Counsel
Commercial Manager
Project Manager
Development Director
Asset Manager
Planning Manager
Contract Administrator
Risk Manager
Finance Director
Operations Director
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