Builder Development Agreement Template for England and Wales

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Key Requirements PROMPT example:

Builder Development Agreement

"I need a Builder Development Agreement for a residential development project in Manchester, where we're engaging a local contractor to build 50 apartments with completion targeted for June 2025, including specific provisions for phased completion and sustainable building standards."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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
Relevant Teams
Relevant Roles
Industries

Housing Grants, Construction and Regeneration Act 1996: Key construction legislation governing payment provisions, adjudication rights, and notice requirements in construction contracts

Law of Property Act 1925: Fundamental legislation governing land ownership, transfer requirements, and legal estates in land

Town and Country Planning Act 1990: Regulates planning permission requirements and development constraints for construction projects

Building Act 1984: Sets out building regulations compliance and building control requirements for construction works

Construction (Design and Management) Regulations 2015: Governs health and safety requirements, principal contractor duties, and client obligations in construction projects

Contracts (Rights of Third Parties) Act 1999: Regulates third-party rights in contractual arrangements

Late Payment of Commercial Debts (Interest) Act 1998: Governs payment terms and interest provisions for late payments in commercial contracts

Environmental Protection Act 1990: Sets out environmental obligations and waste management requirements for construction projects

Party Wall etc. Act 1996: Regulates works affecting neighboring properties and associated notice requirements

Defective Premises Act 1972: Addresses quality standards, fitness for purpose, and liability for defects in construction works

Building Regulations 2010: Detailed technical requirements for building works ensuring standards of design and construction

Local Planning Regulations: Specific local authority requirements governing development in particular areas

Environmental Regulations: Various regulations governing environmental impact, protection measures, and sustainability requirements

Health and Safety Regulations: General workplace safety requirements applicable to construction sites and activities

Building Warranty Requirements: Standards set by warranty providers (such as NHBC) for residential development quality assurance

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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