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Building Development Agreement
"I need a Building Development Agreement for a mixed-use retail and residential complex in Cape Town, with construction starting March 2025, including specific provisions for phased development and green building compliance."
1. Parties: Identification and details of the Developer and the Property Owner/Employer
2. Background: Context of the development project, including property details and development objectives
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Project Scope: Detailed description of the development works to be undertaken
5. Development Rights and Obligations: Rights granted to the Developer and corresponding obligations
6. Development Period: Timeline for completion including key milestones and completion dates
7. Development Costs and Payment Terms: Financial terms, payment schedule, and cost management
8. Professional Team: Appointment and management of architects, engineers, and other professionals
9. Statutory Compliance: Compliance with building regulations, environmental laws, and other applicable legislation
10. Quality Standards: Construction and material standards to be maintained
11. Risk and Insurance: Allocation of risks and required insurance coverage
12. Variations and Changes: Process for handling changes to the development scope or specifications
13. Monitoring and Reporting: Progress reporting requirements and oversight mechanisms
14. Defects and Warranties: Handling of defects and warranty provisions
15. Termination: Circumstances and procedures for termination
16. Dispute Resolution: Procedures for resolving disputes between parties
17. General Provisions: Standard contractual provisions including notices, governing law, etc.
1. Phased Development: Include when the development will be completed in distinct phases
2. Environmental Management: Required for developments with significant environmental impact
3. Community Engagement: Include when the development requires community consultation
4. Third-Party Contractors: Include when significant portions of work will be subcontracted
5. Sales and Marketing: Include for developments intended for sale to end-users
6. Facilities Management: Include when post-completion management services are part of the agreement
7. Government Incentives: Include when development qualifies for government development schemes
8. Mixed-Use Provisions: Include for developments combining residential, commercial, or industrial uses
1. Schedule 1: Property Description: Detailed description of the property including diagrams and surveys
2. Schedule 2: Development Plans: Architectural plans, drawings, and specifications
3. Schedule 3: Construction Timeline: Detailed project timeline with milestones
4. Schedule 4: Cost Schedule: Detailed breakdown of development costs and payment schedule
5. Schedule 5: Professional Team: Details of appointed professional team members and their roles
6. Schedule 6: Technical Specifications: Detailed technical requirements and standards
7. Schedule 7: Environmental Requirements: Environmental impact assessments and management plans
8. Schedule 8: Required Approvals: List of required regulatory approvals and permits
9. Appendix A: Forms and Certificates: Standard forms and certificates to be used
10. Appendix B: Quality Assurance Plans: Quality control procedures and requirements
Authors
Approved Plans
Architect
Building
Building Contract
Business Day
Certificate of Completion
Certificate of Occupancy
Commencement Date
Completion Date
Construction Period
Construction Program
Construction Site
Contract Documents
Contract Sum
Contractor
Defects
Defects Liability Period
Development
Development Period
Development Works
Development Rights
Environmental Laws
Extension of Time
Final Completion
Force Majeure
Governing Law
Independent Certifier
Local Authority
Material Breach
Occupation Date
Parties
Payment Certificate
Payment Schedule
Practical Completion
Professional Team
Project
Project Manager
Property
Quantity Surveyor
Retention Money
Site
Site Possession Date
Specifications
Statutory Requirements
Sub-contractor
Substantial Completion
Technical Requirements
Variations
Works
Working Days
Development Approvals
Building Standards
Construction Documentation
Development Costs
Municipal Approval
Professional Indemnity Insurance
Quality Standards
Risk Events
Signing Date
Termination Events
Development Rights
Development Obligations
Planning and Approvals
Construction Requirements
Project Timeline
Payment Terms
Quality Control
Health and Safety
Environmental Compliance
Professional Appointments
Insurance
Performance Security
Variations
Force Majeure
Suspension and Termination
Defects Liability
Warranties
Assignment and Subcontracting
Dispute Resolution
Confidentiality
Intellectual Property
Risk Allocation
Indemnification
Notice Requirements
Governing Law
Compliance with Laws
Site Access and Security
Materials and Equipment
Testing and Inspection
Completion and Handover
Documentation Requirements
Progress Reporting
Cost Management
Change Control
Labor Requirements
Default and Remedies
Limitation of Liability
Property Rights
Utilities and Services
Representations and Warranties
Construction
Real Estate
Property Development
Commercial Property
Residential Property
Infrastructure Development
Urban Development
Industrial Development
Retail Development
Mixed-use Development
Legal
Development
Construction
Property
Compliance
Risk Management
Finance
Project Management
Technical Services
Operations
Development Director
Construction Manager
Project Manager
Property Developer
Real Estate Manager
Construction Contract Manager
Legal Counsel
Chief Development Officer
Architect
Quantity Surveyor
Civil Engineer
Development Executive
Compliance Officer
Risk Manager
Financial Director
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