The Master Developer Agreement is a foundational document used in Australian property development projects to establish the legal and operational framework between a developer and property owner/client. It is particularly crucial for large-scale or complex development projects where comprehensive project governance is required. The agreement typically addresses all aspects of the development process, from initial planning through to completion, including obtaining necessary approvals, managing construction, and ensuring compliance with Australian federal and state regulations. This document serves as the primary agreement governing the relationship between parties and often sits above other project-specific agreements. It includes detailed provisions for risk allocation, financial arrangements, project timing, and quality standards, while incorporating specific requirements of Australian building and construction law, environmental regulations, and planning requirements.
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1. Parties: Identification of the principal developer and client/owner
2. Background: Context of the development project, site details, and purpose of the agreement
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Appointment and Scope: Formal appointment of developer and outline of development services
5. Developer Obligations: Core responsibilities, deliverables, and performance standards
6. Client Obligations: Client's responsibilities, including provision of information and approvals
7. Development Program: Project timeline, milestones, and completion requirements
8. Financial Provisions: Fee structure, payment terms, and financial obligations
9. Approvals and Compliance: Process for obtaining and maintaining necessary permits and approvals
10. Insurance and Liability: Insurance requirements and liability allocation
11. Intellectual Property: Ownership and usage rights of project IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Risk Management: Risk allocation and mitigation strategies
14. Default and Termination: Events of default, remedies, and termination processes
15. Dispute Resolution: Process for handling disputes and escalation procedures
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Staging and Phasing: For projects with multiple development stages or phases
2. Third Party Contractors: Where engagement and management of contractors is required
3. Environmental Management: For projects with significant environmental considerations
4. Heritage Protection: When dealing with heritage-listed properties or areas
5. Community Consultation: Where community engagement is required
6. Government Participation: For projects involving government stakeholders
7. Sales and Marketing: If developer is responsible for sales/leasing
8. Defects Liability: Extended defects provisions for complex developments
9. Sustainability Requirements: For projects with specific sustainability targets
10. Indigenous Land Rights: When development affects indigenous lands or requires consultation
1. Site Plans and Specifications: Detailed plans, drawings, and technical specifications
2. Development Program: Detailed timeline, milestones, and critical paths
3. Fee Schedule: Detailed breakdown of fees, costs, and payment structure
4. Key Personnel: List of key team members and their responsibilities
5. Required Approvals: List of all required permits, licenses, and approvals
6. Performance Criteria: Specific performance metrics and standards
7. Form of Warranties: Standard forms of warranties to be provided
8. Insurance Requirements: Detailed insurance specifications and minimum coverage
9. Site Access Protocols: Procedures for accessing and securing the site
10. Quality Assurance Plan: Quality control processes and requirements
11. Environmental Management Plan: Environmental protection and management procedures
12. Reporting Requirements: Ƶ and schedules for required reports
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Property Development
Residential Property Development
Mixed-Use Development
Industrial Development
Infrastructure Development
Urban Renewal
Retail Development
Healthcare Facility Development
Education Facility Development
Tourism and Hospitality Development
Logistics and Distribution Centers
Technology Parks
Relevant Teams
Legal
Development
Construction
Commercial
Finance
Risk and Compliance
Planning and Design
Operations
Project Management
Property
Executive Leadership
Procurement
Relevant Roles
Development Director
Project Director
Construction Manager
Legal Counsel
Commercial Manager
Development Manager
Property Director
Chief Executive Officer
Contract Administrator
Risk Manager
Planning Manager
Development Coordinator
Project Manager
General Counsel
Financial Controller
Operations Director
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