The Builder Development Agreement is a comprehensive contract used in England and Wales when a developer engages a builder to construct a development project. This agreement is essential for projects ranging from residential developments to commercial properties, setting out detailed terms for construction, payment, completion, and quality standards. It incorporates requirements under key legislation such as the Housing Grants, Construction and Regeneration Act 1996 and Construction (Design and Management) Regulations 2015. The agreement provides clarity on responsibilities, risk allocation, and project delivery mechanisms while ensuring compliance with relevant building regulations and planning requirements.
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1. Parties: Identification and details of all contracting parties
2. Background: Context of the development, site details, and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement
4. Construction Obligations: Core building obligations, standards, and specifications
5. Programme and Completion: Timelines, milestones, and completion requirements
6. Payment Terms: Payment structure, mechanisms, and schedules
7. Statutory Compliance: Planning, building regulations, and other regulatory requirements
8. Insurance and Liability: Required insurance coverage and liability provisions
9. Warranties and Defects: Quality guarantees and defect rectification procedures
10. Termination: Circumstances and procedures for contract termination
1. Design Responsibilities: Designer obligations and approvals process - use when builder has design responsibilities
2. Site Security: Security requirements during construction - use for high-risk or urban developments
3. Environmental Protection: Environmental obligations and protections - use for environmentally sensitive sites
4. Third Party Rights: Rights of funders or purchasers - use when third-party rights are required
5. Phasing: Phase completion and handover requirements - use for phased developments
1. Development Specification: Detailed construction specifications and drawings
2. Site Plan: Plans showing the development site and boundaries
3. Programme: Detailed construction programme and milestones
4. Payment Schedule: Payment amounts, dates, and mechanisms
5. Planning Permissions: Copies of relevant planning permissions and conditions
6. Warranties: Forms of warranties to be provided
7. Professional Team Appointments: Details of appointed professionals and their roles
8. Insurance Requirements: Detailed insurance specifications and levels
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