Development Management Agreements are essential documents in German real estate development projects where professional expertise is required to manage complex development processes. The agreement is used when a property owner or developer needs to delegate the management of a development project to a specialized professional or firm. A Development Management Agreement under German law must comply with specific regulatory requirements, including the BGB, BauGB, and HOAI regulations. It typically covers project planning, cost control, contractor coordination, regulatory compliance, and risk management. The document is particularly important in the German market where strict construction and development regulations require expert management and oversight to ensure compliance and project success.
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1. Parties: Identification of the contracting parties (Developer/Owner and Development Manager)
2. Background: Context of the development project and appointment
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Formal appointment and detailed scope of development management services
5. Duration: Term of the agreement, including commencement and completion dates
6. Development Manager's Obligations: Core responsibilities and duties of the development manager
7. Client's Obligations: Responsibilities and duties of the client/owner
8. Authority and Limitations: Extent and limits of development manager's authority to act on behalf of the client
9. Fees and Payment: Fee structure, payment terms, and expenses in accordance with HOAI
10. Project Budget and Cost Control: Budget parameters, cost monitoring, and reporting requirements
11. Regulatory Compliance: Obligations regarding permits, approvals, and compliance with German regulations
12. Insurance and Liability: Insurance requirements and liability provisions
13. Termination: Termination rights and procedures
14. Confidentiality: Confidentiality obligations and permitted disclosures
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Performance Guarantees: Optional section for specific performance guarantees, used when client requires particular project outcomes
2. Sustainability Requirements: Special provisions for green building certifications or sustainability targets
3. Value Engineering: Specific provisions for cost optimization processes, used in larger projects
4. Dispute Resolution: Alternative dispute resolution procedures, recommended for complex projects
5. Step-In Rights: Client's rights to take over services, used in critical development projects
6. BIM Requirements: Building Information Modeling obligations, used when BIM is part of the project
7. Force Majeure: Extended force majeure provisions beyond statutory requirements
1. Schedule 1 - Services Specification: Detailed breakdown of development management services
2. Schedule 2 - Fee Schedule: Detailed fee calculation and payment milestones
3. Schedule 3 - Project Programme: Project timeline, milestones, and critical dates
4. Schedule 4 - Project Budget: Detailed project budget and cost breakdown
5. Schedule 5 - Key Personnel: Named individuals and their roles
6. Schedule 6 - Required Insurance: Specific insurance requirements and coverage levels
7. Schedule 7 - Property Details: Details of the development site and existing conditions
8. Schedule 8 - Reporting Requirements: Format and frequency of required reports
9. Appendix A - Power of Attorney: Format of power of attorney for development manager's authority
10. Appendix B - Form of Certificates: Templates for various required certificates
Relevant legal definitions
Abnahme
Applicable Laws
Approved Project Budget
Authority Requirements
BauGB Requirements
Building Permit
Business Day
Change Order
Client
Commencement Date
Completion Date
Construction Documents
Construction Period
Consultants
Contract Sum
Contractors
Default
Development Manager
Development Management Fee
Development Management Services
Development Period
Development Programme
Development Project
Development Site
Force Majeure
Good Industry Practice
HOAI
Insolvency Event
Key Personnel
Material Adverse Effect
Milestone
Necessary Consents
Project Accounts
Project Budget
Project Company
Project Documents
Project Programme
Project Reports
Property
Regulatory Approvals
Services
Specifications
Statutory Requirements
Sub-Contractors
Substantial Completion
Term
Termination Date
Third Party Agreements
Variations
Works
Applicable Laws
Approved Project Budget
Authority Requirements
BauGB Requirements
Building Permit
Business Day
Change Order
Client
Commencement Date
Completion Date
Construction Documents
Construction Period
Consultants
Contract Sum
Contractors
Default
Development Manager
Development Management Fee
Development Management Services
Development Period
Development Programme
Development Project
Development Site
Force Majeure
Good Industry Practice
HOAI
Insolvency Event
Key Personnel
Material Adverse Effect
Milestone
Necessary Consents
Project Accounts
Project Budget
Project Company
Project Documents
Project Programme
Project Reports
Property
Regulatory Approvals
Services
Specifications
Statutory Requirements
Sub-Contractors
Substantial Completion
Term
Termination Date
Third Party Agreements
Variations
Works
Clauses
Appointment
Authority and Limitations
Budget Control
Change Management
Compliance with Laws
Confidentiality
Conflicts of Interest
Construction Management
Cost Control
Data Protection
Delay and Extension of Time
Development Programme
Dispute Resolution
Environmental Compliance
Fees and Payment
Force Majeure
Governing Law
Health and Safety
Indemnification
Insurance
Intellectual Property
Key Personnel
Liability
Notices
Performance Standards
Planning and Permits
Project Administration
Project Monitoring
Quality Control
Record Keeping
Regulatory Compliance
Reporting Requirements
Risk Management
Scope of Services
Service Standards
Subcontracting
Suspension
Tax
Term and Duration
Termination
Third Party Rights
Time for Performance
Variations
Warranties
Authority and Limitations
Budget Control
Change Management
Compliance with Laws
Confidentiality
Conflicts of Interest
Construction Management
Cost Control
Data Protection
Delay and Extension of Time
Development Programme
Dispute Resolution
Environmental Compliance
Fees and Payment
Force Majeure
Governing Law
Health and Safety
Indemnification
Insurance
Intellectual Property
Key Personnel
Liability
Notices
Performance Standards
Planning and Permits
Project Administration
Project Monitoring
Quality Control
Record Keeping
Regulatory Compliance
Reporting Requirements
Risk Management
Scope of Services
Service Standards
Subcontracting
Suspension
Tax
Term and Duration
Termination
Third Party Rights
Time for Performance
Variations
Warranties
Relevant Industries
Real Estate
Commercial Property
Residential Development
Industrial Development
Retail Development
Mixed-Use Development
Healthcare Facilities
Hospitality
Education Facilities
Infrastructure Development
Urban Regeneration
Relevant Teams
Legal
Real Estate
Development
Construction
Project Management
Investment
Asset Management
Technical Services
Planning
Commercial
Risk & Compliance
Relevant Roles
Development Director
Project Manager
Construction Manager
Real Estate Director
Investment Manager
Asset Manager
Property Director
Technical Director
Planning Manager
Commercial Director
Legal Counsel
Risk Manager
Compliance Officer
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