The Development Management Agreement is essential for projects where a property owner or developer seeks to engage professional expertise for managing complex development projects in Ireland. This agreement type is particularly crucial when the scope of development requires specialized management skills and coordination of multiple stakeholders. The document establishes clear lines of authority, accountability, and risk allocation while ensuring compliance with Irish construction laws, planning regulations, and building control requirements. It typically includes detailed provisions for service scope, fee structures, performance standards, and project delivery mechanisms, making it suitable for various scales of development from commercial and residential to mixed-use projects. The Development Management Agreement serves as a cornerstone document that protects both parties' interests while facilitating efficient project execution within the Irish legal framework.
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1. Parties: Identification of the contracting parties - typically the property owner/developer and the development manager
2. Background: Context of the agreement, including description of the development project and purpose of the arrangement
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Scope of Services: Terms of appointment and detailed scope of development management services
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Development Manager's Obligations: Detailed responsibilities and duties of the development manager
7. Client's Obligations: Responsibilities and duties of the property owner/developer
8. Fees and Payment Terms: Fee structure, payment schedule, and expenses
9. Project Budget and Cost Control: Provisions regarding budget management and cost monitoring
10. Performance Standards: Required standards of care and professional conduct
11. Reporting and Communication: Requirements for project reporting and communication protocols
12. Insurance and Liability: Insurance requirements and liability limitations
13. Termination: Grounds and procedures for termination
14. Confidentiality: Provisions regarding confidential information
15. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and jurisdiction
1. Intellectual Property Rights: Required when development involves creation of specific designs or innovative solutions
2. Environmental Compliance: Needed for projects with significant environmental considerations
3. Planning Permission Obligations: Required when development manager is responsible for planning applications
4. Third Party Agreements: Needed when development manager will manage relationships with contractors and consultants
5. Value Engineering: Optional section for projects requiring cost optimization strategies
6. Sustainability Requirements: Required for projects with specific sustainability goals or certifications
7. Community Engagement: Needed for projects requiring public consultation or community relations
8. Force Majeure: Optional provisions for unforeseen circumstances affecting project delivery
1. Schedule 1 - Services Description: Detailed breakdown of development management services
2. Schedule 2 - Fee Schedule: Detailed fee structure, including base fees, incentive fees, and payment milestones
3. Schedule 3 - Project Programme: Project timeline, key milestones, and delivery dates
4. Schedule 4 - Property Description: Detailed description of the development site and existing conditions
5. Schedule 5 - Key Personnel: List of key team members and their roles
6. Schedule 6 - Required Insurance: Detailed insurance requirements and minimum coverage levels
7. Schedule 7 - Reporting Requirements: Templates and specifications for required reports
8. Schedule 8 - Project Budget: Detailed project budget and cost breakdown
9. Appendix A - Form of Monthly Report: Template for monthly progress reports
10. Appendix B - Authority Matrix: Decision-making and approval authority levels
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Commercial Property
Residential Property
Mixed-use Development
Infrastructure
Retail Development
Industrial Development
Urban Regeneration
Relevant Teams
Legal
Development
Construction
Real Estate
Commercial
Operations
Risk Management
Planning
Project Management
Asset Management
Property Management
Procurement
Finance
Compliance
Relevant Roles
Development Director
Project Manager
Construction Manager
Property Developer
Real Estate Director
Development Manager
Legal Counsel
Contract Manager
Planning Consultant
Commercial Director
Risk Manager
Operations Director
Investment Manager
Asset Manager
Facilities Manager
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