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Development Contract
"I need a Development Contract for a commercial office building project in Auckland, with construction starting March 2025, including specific provisions for sustainable building practices and staged completion requirements over 18 months."
1. Parties: Identification and details of the developer and client
2. Background: Context of the development project and relationship between parties
3. Definitions: Defined terms used throughout the agreement
4. Scope of Works: Detailed description of the development project and deliverables
5. Contract Price and Payment Terms: Project costs, payment schedule, and payment mechanisms
6. Timeline and Milestones: Project schedule, key dates, and completion criteria
7. Developer's Obligations: Core responsibilities and duties of the developer
8. Client's Obligations: Core responsibilities and duties of the client
9. Variations: Process for managing changes to scope, price, or timeline
10. Quality and Standards: Required quality levels and applicable industry standards
11. Consents and Approvals: Requirements for obtaining necessary permits and authorizations
12. Health and Safety: Health and safety requirements and responsibilities
13. Insurance and Liability: Insurance requirements and liability allocation
14. Intellectual Property: Ownership and usage rights of project IP
15. Confidentiality: Protection of confidential information
16. Default and Termination: Circumstances and processes for contract termination
17. Dispute Resolution: Process for resolving disputes between parties
18. General Provisions: Standard boilerplate clauses including governing law
1. Site Access and Security: Used when development occurs on specific site requiring access protocols
2. Environmental Management: Required for projects with significant environmental implications
3. Subcontracting: Include when developer may engage subcontractors
4. Performance Bonds: Used for high-value projects requiring additional security
5. Defects Liability Period: Include for projects requiring post-completion warranty period
6. Marketing and Publicity: Used when project involves public relations or marketing rights
7. Force Majeure: Include for long-term projects with significant risk factors
8. Cultural Heritage Protection: Required for projects affecting cultural or heritage sites
1. Schedule 1: Detailed Scope of Works: Comprehensive technical specifications and requirements
2. Schedule 2: Project Timeline: Detailed project program including all milestones
3. Schedule 3: Price Schedule: Breakdown of costs, rates, and payment schedule
4. Schedule 4: Key Personnel: Details of key team members and their roles
5. Schedule 5: Plans and Drawings: Technical drawings and design documents
6. Schedule 6: Consents and Approvals: List of required permits and their status
7. Schedule 7: Insurance Requirements: Detailed insurance specifications
8. Appendix A: Site Information: Site-specific details and conditions
9. Appendix B: Quality Assurance Plan: Quality control procedures and requirements
10. Appendix C: Health and Safety Plan: Detailed H&S procedures and requirements
Authors
Construction
Real Estate
Property Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Urban Planning
Architecture
Engineering
Legal
Commercial
Development
Construction
Project Management
Procurement
Risk & Compliance
Technical Services
Planning & Design
Finance
Development Manager
Project Director
Construction Manager
Contract Administrator
Legal Counsel
Commercial Manager
Property Developer
Project Manager
Quantity Surveyor
Risk Manager
Procurement Manager
Development Director
Technical Director
Planning Manager
Compliance Officer
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