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Joint Development Agreement Between Landowner And Builder Template for Malaysia

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Key Requirements PROMPT example:

Joint Development Agreement Between Landowner And Builder

"I need a Joint Development Agreement Between Landowner And Builder for a luxury residential development project in Kuala Lumpur, with construction starting March 2025, where the landowner will receive 30% of the gross development value and the builder will handle all development costs and approvals."

Document background
The Joint Development Agreement Between Landowner And Builder is a crucial document in Malaysian property development, typically used when a landowner wishes to develop their property but lacks the expertise or resources to do so independently. This agreement, governed by Malaysian federal and state laws, establishes a collaboration where the landowner contributes the land while the builder provides expertise, resources, and undertakes construction. The document covers essential aspects including development rights, profit sharing, construction specifications, timelines, and regulatory compliance requirements. It's particularly important in Malaysia's dual legal system where land matters are governed by both federal and state legislation, requiring careful consideration of various legal requirements including the National Land Code, development orders, and local authority approvals. The agreement serves as the primary document governing the relationship between the parties throughout the development process, from initial planning to project completion.
Suggested Sections

1. Parties: Identification and details of the landowner and builder/developer

2. Background: Context of the agreement, including brief description of the land and proposed development

3. Definitions: Definitions of key terms used throughout the agreement

4. Development Rights: Grant of rights to the builder to develop the land and scope of such rights

5. Development Obligations: Builder's obligations regarding construction, timelines, and quality standards

6. Landowner's Obligations: Landowner's responsibilities including provision of necessary documents and cooperation

7. Development Specifications: Overview of the development project, including type, size, and basic specifications

8. Financial Terms: Revenue sharing arrangement, payment terms, and financial obligations

9. Approvals and Permits: Responsibility for obtaining necessary governmental and regulatory approvals

10. Title and Ownership: Provisions regarding land title, ownership rights during and after development

11. Project Management: Management structure, decision-making process, and progress monitoring

12. Representations and Warranties: Standard and specific warranties from both parties

13. Risk and Insurance: Allocation of risks and required insurance coverage

14. Default and Termination: Events of default, remedies, and termination provisions

15. Dispute Resolution: Mechanism for resolving disputes including mediation and arbitration

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Environmental Compliance: Specific environmental obligations and compliance requirements, necessary for environmentally sensitive areas or large-scale developments

2. Marketing and Sales: Terms regarding marketing and sales of completed units, relevant for residential or commercial developments

3. Strata Management: Provisions for management of strata properties, required for developments involving subdivided buildings

4. Phased Development: Specific provisions for projects developed in phases

5. Third Party Rights: Provisions dealing with existing tenants or other third-party rights on the land

6. Intellectual Property: IP rights provisions where the development involves unique design elements or branding

7. Force Majeure: Detailed force majeure provisions, particularly relevant in light of recent global events

Suggested Schedules

1. Land Details: Detailed description of the land including title particulars and encumbrances

2. Development Plans: Architectural plans, drawings, and specifications

3. Construction Schedule: Detailed timeline for construction milestones and completion

4. Financial Model: Detailed breakdown of costs, revenue sharing, and payment schedule

5. Required Approvals: List of required governmental and regulatory approvals

6. Technical Specifications: Detailed technical requirements and building specifications

7. Form of Warranties: Standard forms of warranties to be provided

8. Insurance Requirements: Detailed insurance requirements and coverage specifications

9. Environmental Reports: Environmental impact assessments and related reports

10. Power of Attorney: Form of power of attorney for development matters

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

Real Estate Development

Construction

Property Management

Commercial Real Estate

Residential Real Estate

Infrastructure Development

Urban Planning

Architecture and Design

Environmental Services

Relevant Teams

Legal

Property Development

Construction

Project Management

Finance

Compliance

Technical Services

Environmental

Real Estate

Contract Administration

Business Development

Relevant Roles

Chief Executive Officer

Property Development Director

Construction Manager

Legal Counsel

Project Manager

Land Surveyor

Architect

Quantity Surveyor

Contract Manager

Development Manager

Real Estate Manager

Compliance Officer

Financial Controller

Technical Director

Environmental Manager

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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