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Development Management Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Development Management Agreement is a crucial document in Australian property development projects, used when a property owner requires professional expertise to manage the development process. This agreement type is essential for projects where the owner wishes to retain control while delegating day-to-day management to a specialized development manager. It encompasses all aspects of the development process, from initial planning through to completion, including obtaining necessary approvals, managing consultants, coordinating construction, and ensuring compliance with Australian regulatory requirements. The agreement is structured to comply with Australian property, construction, and contract law, while providing flexibility to accommodate various project types and scales. It typically includes comprehensive provisions for risk management, project governance, and performance measurement, reflecting the complex nature of property development in the Australian market.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
















































Clauses












































Relevant Industries

Commercial Property

Residential Property

Industrial Property

Retail Property

Mixed-Use Development

Healthcare Facilities

Education Facilities

Infrastructure Development

Urban Regeneration

Hospitality

Aged Care

Relevant Teams

Legal

Development

Construction

Commercial

Property

Planning

Finance

Operations

Risk & Compliance

Project Management

Asset Management

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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