Development Management Agreement for Canada

Development Management Agreement Template for Canada

A Development Management Agreement governed by Canadian law establishes the legal framework for the relationship between a property owner/developer and a development manager. This comprehensive agreement outlines the scope of development management services, authority levels, compensation structures, and project delivery requirements. It incorporates provincial construction laws, professional services regulations, and industry standards while addressing specific Canadian legal requirements including GST/HST considerations, provincial construction lien legislation, and local building codes. The agreement serves as the primary document governing the development manager's role in overseeing and coordinating all aspects of the development project.

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What is a Development Management Agreement?

The Development Management Agreement is essential for large-scale development projects in Canada where specialized expertise is required to manage complex construction and development processes. This agreement is typically used when a property owner or developer wishes to engage a professional development manager to oversee all aspects of a development project, from initial planning through to completion. The document covers crucial elements including scope of services, fee structures, authority levels, reporting requirements, and risk allocation, while ensuring compliance with Canadian federal and provincial regulations. It's particularly important for projects requiring coordination of multiple stakeholders, budget management, and timeline oversight. The agreement must align with provincial construction laws, professional services regulations, and local building codes, while addressing specific Canadian tax and legal considerations.

What sections should be included in a Development Management Agreement?

1. Parties: Identification of the property owner/developer and the development manager

2. Background: Context of the development project and the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Formal appointment of the development manager and duration of the agreement

5. Scope of Services: Detailed description of development management services to be provided

6. Development Manager's Authority: Extent and limitations of the development manager's decision-making power

7. Client Obligations: Responsibilities and obligations of the property owner/developer

8. Fees and Payment Terms: Compensation structure, payment schedule, and reimbursable expenses

9. Project Budget and Cost Control: Budget parameters, cost reporting, and control procedures

10. Reporting and Communication: Required reports, meetings, and communication protocols

11. Standard of Care: Expected level of professional service and performance standards

12. Insurance and Liability: Required insurance coverage and liability limitations

13. Termination: Circumstances and procedures for ending the agreement

14. Confidentiality: Protection of confidential information and trade secrets

15. Dispute Resolution: Procedures for resolving disputes between parties

16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Development Management Agreement?

1. Intellectual Property Rights: Required when development involves creation of unique designs or methodologies

2. Environmental Compliance: Needed for projects with significant environmental considerations

3. Force Majeure: Important for long-term projects or those with significant external risks

4. Assignment and Subcontracting: Required when there's potential for project transfer or significant subcontracting

5. Performance Bonuses: Include when incentive-based compensation is part of the agreement

6. Marketing and Branding: Necessary when development manager has responsibilities for project marketing

7. Sustainability Requirements: Include for projects with specific green building or sustainability goals

8. Community Engagement: Required for projects needing significant community consultation

What schedules should be included in a Development Management Agreement?

1. Schedule A - Project Description: Detailed description of the development project including location, size, and objectives

2. Schedule B - Scope of Services: Comprehensive list of development management services and deliverables

3. Schedule C - Fee Schedule: Detailed breakdown of fees, payment milestones, and reimbursable expenses

4. Schedule D - Project Timeline: Key milestones, deadlines, and project phases

5. Schedule E - Key Personnel: List of key team members and their roles

6. Schedule F - Reporting Requirements: Templates and specifications for required reports

7. Schedule G - Project Budget: Detailed project budget and cost breakdown

8. Schedule H - Authority Matrix: Detailed decision-making and approval authorities

9. Appendix 1 - Insurance Requirements: Specific insurance types and coverage amounts required

10. Appendix 2 - Form of Progress Report: Standard template for progress reporting

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate Development

Construction

Commercial Property

Residential Property

Mixed-use Development

Infrastructure Development

Industrial Development

Retail Development

Urban Planning

Project Management Services

Relevant Teams

Legal

Real Estate

Construction

Project Management

Development

Risk Management

Commercial

Operations

Finance

Procurement

Planning

Design

Technical Services

Relevant Roles

Development Manager

Project Director

Construction Manager

Real Estate Developer

Property Development Executive

Project Manager

Development Coordinator

Construction Director

Legal Counsel

Risk Manager

Contract Administrator

Commercial Director

Development Executive

Asset Manager

Property 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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