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Builder Developer Agreement Template for Australia

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Key Requirements PROMPT example:

Builder Developer Agreement

"I need a Builder Developer Agreement for a mixed-use development project in Sydney, NSW, with a contract value of $25M, involving staged construction of retail and residential units to commence in March 2025, with specific provisions for sustainable building practices and community consultation requirements."

Document background
The Builder Developer Agreement is a crucial contract in Australian construction projects where a developer engages a builder to construct residential, commercial, or mixed-use developments. This agreement is essential when the developer, who owns or controls the land, needs to formally engage a licensed builder to carry out construction works. It addresses key aspects such as construction methodology, pricing structures, quality standards, and completion timelines while ensuring compliance with Australian building codes, state-specific regulations, and industry standards. The agreement is particularly important for risk management, establishing clear lines of responsibility, and protecting both parties' interests throughout the construction process. It should be tailored to specific project requirements while maintaining compliance with relevant state and federal legislation.
Suggested Sections

1. Parties: Identifies and provides details of the Builder and Developer

2. Background: Sets out the context of the agreement, including property details and development overview

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Scope of Works: Detailed description of construction works to be performed

5. Contract Price and Payment Terms: Specifies the contract sum, payment schedule, and variations process

6. Time for Completion: Sets out construction program, completion dates, and consequences of delays

7. Builder's Obligations: Lists all responsibilities and obligations of the Builder

8. Developer's Obligations: Lists all responsibilities and obligations of the Developer

9. Approvals and Compliance: Addresses development approvals, permits, and regulatory compliance

10. Quality and Defects: Specifies quality standards, inspection processes, and defects liability period

11. Insurance and Indemnities: Details required insurances and indemnification obligations

12. Default and Termination: Sets out events of default and termination rights

13. Dispute Resolution: Establishes process for resolving disputes

14. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and assignment

Optional Sections

1. Finance and Security: Required when third-party financing is involved or when security for performance is needed

2. Staged Construction: Used when the development will be completed in stages

3. Environmental Requirements: Required for projects with specific environmental obligations or considerations

4. Sales and Marketing: Included when the Builder has responsibilities related to display units or marketing support

5. Intellectual Property: Required when custom designs or innovative construction methods are involved

6. Additional Warranties: Used when warranties beyond statutory requirements are needed

7. Community Consultation: Required for projects requiring community engagement or consultation

8. Heritage Considerations: Included when development involves heritage-listed properties or areas

Suggested Schedules

1. Schedule 1 - Construction Plans and Specifications: Detailed architectural plans, engineering drawings, and specifications

2. Schedule 2 - Contract Price Breakdown: Itemized breakdown of the contract price and payment milestones

3. Schedule 3 - Construction Program: Detailed timeline of construction activities and milestones

4. Schedule 4 - Site Requirements: Site-specific requirements, access arrangements, and safety protocols

5. Schedule 5 - Required Insurances: List of required insurance policies and minimum coverage amounts

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

7. Schedule 7 - Forms of Certificates: Templates for various certificates including practical completion

8. Appendix A - Development Approvals: Copies of all relevant development approvals and permits

9. Appendix B - Reports: Relevant technical reports including geotechnical and environmental studies

Authors

Alex Denne

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

Relevant legal definitions





















































Clauses








































Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Urban Development

Building and Construction

Architecture and Design

Relevant Teams

Legal

Construction

Development

Operations

Commercial

Risk and Compliance

Project Management

Contract Administration

Property

Finance

Relevant Roles

Construction Manager

Development Director

Project Manager

Contract Administrator

Legal Counsel

Commercial Manager

Site Manager

Development Manager

Chief Executive Officer

Operations Director

Risk Manager

Quantity Surveyor

Construction Director

Property Developer

Building Services Manager

Industries










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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