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Builder Development Agreement
"I need a Builder Development Agreement for a 40-story commercial building project in Kowloon, Hong Kong, with specific provisions for green building certification and smart building technology integration, with construction scheduled to commence in March 2025."
1. Parties: Identifies and provides full details of the developer/owner and the builder/contractor
2. Background: Sets out the context of the development project and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Works: Detailed description of the construction works to be undertaken
5. Contract Sum and Payment Terms: Specifies the agreed price, payment schedule, and mechanisms for variations
6. Commencement and Completion: States project timeline, completion dates, and provisions for extensions of time
7. Builder's Obligations: Comprehensive list of builder's responsibilities, including quality standards and compliance requirements
8. Developer's Obligations: Details the developer's responsibilities, including site access and necessary approvals
9. Variations: Procedures for requesting, approving, and implementing changes to the scope of works
10. Defects and Warranties: Provisions for defects liability period and warranties for workmanship and materials
11. Insurance and Indemnities: Required insurance coverage and indemnification obligations
12. Default and Termination: Circumstances constituting default and procedures for termination
13. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
14. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Environmental Management: Required when project has significant environmental implications or requires specific environmental compliance
2. Heritage Protection: Necessary when development involves or affects heritage buildings or sites
3. Community Engagement: Include when project requires specific community consultation or management of community impact
4. Intellectual Property Rights: Required when custom designs or innovative construction methods are involved
5. Force Majeure: Detailed provisions for unforeseen events, particularly relevant in long-term or complex projects
6. Financing Arrangements: Include when project involves specific financing conditions or requirements
7. Performance Bonds: Required when additional security for performance is needed
8. Provisional Sums: Include when certain costs cannot be accurately determined at contract formation
1. Schedule 1 - Construction Plans and Specifications: Detailed architectural and engineering drawings, technical specifications
2. Schedule 2 - Construction Program: Detailed timeline of construction phases and milestones
3. Schedule 3 - Price Schedule and Bill of Quantities: Detailed breakdown of costs and quantities for materials and works
4. Schedule 4 - Site Plans and Access Details: Site boundaries, access points, and temporary works areas
5. Schedule 5 - Quality Assurance Requirements: Specific quality standards, testing requirements, and acceptance criteria
6. Schedule 6 - List of Approved Subcontractors: Pre-approved subcontractors for specific aspects of the works
7. Schedule 7 - Form of Certificates: Templates for various certificates including practical completion and payment certificates
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
9. Appendix A - Statutory Approvals and Permits: Copies of all relevant building and planning approvals
10. Appendix B - Environmental Management Plan: Detailed environmental management procedures and requirements
Authors
Construction
Real Estate Development
Property Management
Infrastructure Development
Commercial Real Estate
Residential Development
Industrial Development
Urban Planning
Architecture
Engineering Services
Legal
Construction
Project Management
Development
Commercial
Operations
Finance
Compliance
Risk Management
Technical Services
Property
Procurement
Development Director
Construction Manager
Project Manager
Contract Manager
Legal Counsel
Chief Executive Officer
Property Developer
Construction Director
Quantity Surveyor
Site Manager
Risk Manager
Commercial Director
Technical Director
Compliance Officer
Operations Manager
Finance Director
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