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Builder Developer Agreement for the United Kingdom

Builder Developer Agreement Template for England and Wales

A Builder Developer Agreement is a legally binding contract governed by the laws of England and Wales that establishes the relationship between a developer and a builder/contractor for the construction of a development project. It sets out the scope of works, payment terms, programme requirements, quality standards, and respective obligations of the parties. The agreement incorporates relevant building regulations, planning requirements, and construction legislation, providing a comprehensive framework for project delivery.

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Builder Developer Agreement

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What is a Builder Developer Agreement?

The Builder Developer Agreement is essential for construction projects in England and Wales where a developer engages a builder to undertake construction works. This agreement is particularly crucial for ensuring clear allocation of responsibilities, managing risk, and establishing project parameters. It includes detailed provisions for payment mechanisms, construction programmes, quality standards, and dispute resolution procedures, while ensuring compliance with relevant construction legislation and building regulations. The Builder Developer Agreement serves as the primary contract document governing the construction phase of development projects.

What sections should be included in a Builder Developer Agreement?

1. Parties: Identification and details of the contracting parties including the Builder/Contractor and Developer

2. Background: Context of the development project, site details, and purpose of the agreement

3. Definitions: Key terms and interpretations used throughout the agreement

4. Scope of Works: Detailed description of construction works to be undertaken, including specifications and standards

5. Payment Terms: Payment schedule, amounts, mechanisms, and conditions for payment including retention provisions

6. Programme: Timeline, milestones, completion dates, and extensions of time provisions

7. Obligations and Responsibilities: Duties of each party including compliance with regulations and standards

8. Warranties and Guarantees: Quality assurances, performance guarantees, and defects liability period

9. Insurance and Indemnities: Required insurance coverage and indemnification obligations

10. Termination: Grounds for termination, consequences, and procedures

What sections are optional to include in a Builder Developer Agreement?

1. Variations: Procedure for changes to scope of works and associated cost implications

2. Step-in Rights: Rights for funders or the developer to take over the development in specific circumstances

3. Phasing Provisions: Details of development phases and specific requirements for each phase

4. Site Conditions: Provisions dealing with unforeseen ground conditions and archaeological findings

5. Sustainable Development Requirements: Specific environmental and sustainability obligations

What schedules should be included in a Builder Developer Agreement?

1. Schedule 1 - Development Plans: Architectural drawings, specifications, and site plans

2. Schedule 2 - Planning Permissions: Copies of relevant planning approvals and conditions

3. Schedule 3 - Programme Schedule: Detailed construction timeline and critical path

4. Schedule 4 - Payment Schedule: Detailed breakdown of payments, stages, and trigger events

5. Schedule 5 - Specification Schedule: Detailed technical specifications and materials requirements

6. Schedule 6 - Form of Warranties: Template warranty documents and guarantees

7. Schedule 7 - Testing and Commissioning Requirements: Procedures and standards for testing and commissioning of works

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Cost

Free to use
Relevant legal definitions








































Clauses






































Industries

Housing Grants, Construction and Regeneration Act 1996: Key construction legislation covering payment provisions, statutory right to adjudication, and notice requirements for construction contracts

Contracts (Rights of Third Parties) Act 1999: Governs third-party rights in contracts and their enforcement capabilities, crucial for development projects involving multiple stakeholders

Building Act 1984: Fundamental legislation governing building works, building regulations compliance, and local authority approval requirements

Town and Country Planning Act 1990: Controls land development through planning permission requirements and development restrictions

Construction (Design and Management) Regulations 2015: Health and safety regulations specifying duties of principal contractors, designers, and other parties in construction projects

Defective Premises Act 1972: Sets standards for workmanship and fitness for habitation in building works

Environmental Protection Act 1990: Mandates environmental considerations and waste management requirements for construction projects

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

Consumer Rights Act 2015: Relevant for residential developments, establishing quality standards and consumer protection measures

Building Regulations 2010: Detailed technical requirements for building works ensuring safety, energy efficiency, and accessibility standards

Health and Safety at Work etc. Act 1974: Overarching health and safety legislation applicable to construction sites and works

Building Safety Act 2022: Recent legislation introducing new safety requirements and regulatory regime for higher-risk buildings

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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