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Builder Collaboration Agreement

Builder Collaboration Agreement Template for India

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Key Requirements PROMPT example:

Builder Collaboration Agreement

"Need a Builder Collaboration Agreement for a joint residential township development project in Pune, India, where my company will contribute land and the collaborating builder will handle construction and marketing, with project completion targeted for December 2025."

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Document background
The Builder Collaboration Agreement is essential for real estate development projects in India where multiple builders or developers wish to combine their resources, expertise, and capabilities for project execution. This document has gained particular importance following the implementation of RERA (Real Estate Regulation and Development Act, 2016), which requires transparent and well-documented arrangements between collaborating parties. The agreement typically covers project scope, investment proportions, profit sharing mechanisms, construction responsibilities, and risk allocation. It's particularly useful for large-scale developments where sharing of resources and risks can lead to more efficient project execution. The document must comply with Indian contract law, RERA regulations, and local building codes, while providing clear mechanisms for project management, decision-making, and dispute resolution.
Suggested Sections

1. Parties: Identification and details of the collaborating builders, including registration numbers and RERA IDs

2. Background: Context of the collaboration, including project overview and parties' expertise

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

4. Scope of Collaboration: Detailed description of the project and extent of collaboration

5. Roles and Responsibilities: Specific duties and obligations of each collaborating builder

6. Project Management: Management structure, decision-making process, and governance framework

7. Financial Terms: Investment contributions, profit sharing arrangements, and financial management

8. Land and Property Rights: Details of land ownership, development rights, and related obligations

9. Timeline and Milestones: Project schedule, key milestones, and completion targets

10. Quality Standards: Construction and material quality requirements and compliance standards

11. Representations and Warranties: Declarations and assurances by all parties

12. Risk Allocation: Distribution of risks and responsibilities between parties

13. Insurance and Indemnities: Insurance requirements and indemnification obligations

14. Term and Termination: Duration of agreement and grounds for termination

15. Dispute Resolution: Process for resolving disputes between parties

16. Governing Law and Jurisdiction: Applicable laws and jurisdiction for dispute resolution

17. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Required when the collaboration involves unique designs, technologies, or branding elements

2. Environmental Compliance: Needed for projects requiring specific environmental clearances or having significant environmental impact

3. Labor and Employment: Include when parties share responsibility for workforce management

4. Marketing and Branding: Required when collaboration includes joint marketing efforts or brand sharing

5. Force Majeure: Include detailed force majeure provisions for high-value or long-term projects

6. Step-in Rights: Required when one party needs the right to take over specific responsibilities in case of default

7. Third Party Rights: Include when specific rights are to be granted to or reserved for third parties

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of land, including survey numbers, boundaries, and encumbrances

2. Schedule 2 - Project Specifications: Detailed technical specifications of the construction project

3. Schedule 3 - Investment Schedule: Detailed breakdown of investment commitments and timeline

4. Schedule 4 - Profit Sharing Mechanism: Detailed calculation method for profit sharing and distribution

5. Schedule 5 - Construction Timeline: Detailed project timeline with milestones and deadlines

6. Schedule 6 - Quality Standards: Specific quality parameters and acceptance criteria

7. Schedule 7 - Permits and Approvals: List of required regulatory approvals and responsibilities

8. Appendix A - Project Drawings: Architectural and structural drawings of the project

9. Appendix B - Power of Attorney: Powers granted by parties for project execution

10. Appendix C - RERA Documents: Copies of RERA registrations and compliance documents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approvals
Built-up Area
Business Day
Carpet Area
Collaboration Period
Commencement Date
Completion Certificate
Construction Schedule
Development Rights
Effective Date
Encumbrance
Environmental Laws
Force Majeure Event
Good Industry Practice
Investment Share
Land
Material Adverse Effect
Parties
Project
Project Costs
Project Documents
Project Manager
Project Plans
Project Site
Profit Share
RERA
RERA Registration
Revenue
Sanctioned Plans
Schedule of Payments
Super Built-up Area
Technical Specifications
Term
Transfer
Construction Phase
Quality Standards
Development Period
Joint Development Area
Marketing Rights
Occupancy Certificate
Project Facilities
Project Infrastructure
Project Management Services
Completion Date
Confidential Information
Default Event
Dispute
Intellectual Property Rights
Licenses
Maintenance
Property
Clauses
Parties and Project Details
Interpretation
Scope of Work
Land Rights
Development Rights
Investment Obligations
Project Management
Construction Standards
Quality Control
Timeline and Milestones
Financial Terms
Profit Sharing
Cost Allocation
Representations and Warranties
Regulatory Compliance
RERA Compliance
Environmental Compliance
Labor Compliance
Insurance
Indemnification
Force Majeure
Termination
Default and Remedies
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Transfer
Notices
Governing Law
Amendment and Modification
Entire Agreement
Severability
Waiver
Risk Allocation
Health and Safety
Marketing and Branding
Decision Making
Record Keeping
Audit Rights
Step-in Rights
Third Party Rights
Relevant Industries

Real Estate

Construction

Property Development

Infrastructure

Urban Planning

Commercial Property

Residential Property

Industrial Development

Relevant Teams

Legal

Real Estate Development

Construction Management

Project Management

Finance

Commercial

Compliance

Business Development

Technical Services

Operations

Property Management

Relevant Roles

Real Estate Developer

Construction Project Manager

Development Director

Legal Counsel

Chief Executive Officer

Chief Operating Officer

Land Acquisition Manager

Construction Manager

Compliance Officer

Finance Director

Commercial Director

Technical Director

Joint Venture Manager

Business Development Manager

Property Development Manager

Industries
Real Estate (Regulation and Development) Act, 2016 (RERA): Primary legislation governing real estate sector in India, ensuring transparency and protecting buyers' interests. Mandatory registration requirements for real estate projects and guidelines for builder responsibilities.
Indian Contract Act, 1872: Fundamental law governing formation and enforcement of contracts in India. Covers essential elements of valid contracts, breach remedies, and contractual obligations.
Indian Partnership Act, 1932: Regulates partnership arrangements between builders, including rights, duties, and liabilities of partners in collaborative ventures.
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996: Regulates employment and working conditions of construction workers, ensuring compliance with labor laws in construction projects.
Environmental Protection Act, 1986: Mandates environmental clearances and compliance requirements for construction projects, including pollution control and environmental impact assessment.
Local Building Bye-Laws: Municipal regulations governing construction standards, building permits, and zoning requirements specific to the project location.
Goods and Services Tax (GST) Laws: Tax regulations applicable to construction services and material procurement in collaborative building projects.
Transfer of Property Act, 1882: Governs the transfer of property rights and interests between parties in real estate transactions.
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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