The Development Management Agreement is essential in the Indian real estate sector where professional project execution and regulatory compliance are paramount. This document is typically used when property owners or developers seek to engage specialized development management expertise for their projects. The agreement comprehensively covers project planning, execution oversight, regulatory compliance, quality control, and timeline management. It is particularly relevant in the context of India's evolving real estate regulatory framework, including RERA 2016, environmental regulations, and state-specific development control rules. The document addresses key aspects such as scope of services, fee structures, project milestones, reporting requirements, and risk allocation between parties, while ensuring compliance with Indian legal requirements and industry best practices.
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1. Parties: Details of the developer/owner and the development manager, including their registered addresses and company information
2. Background: Context of the development project, property details, and purpose of engaging the development manager
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Scope: Formal appointment of the development manager and outline of their scope of services
5. Term and Timelines: Duration of the agreement and key project milestones
6. Development Manager's Obligations: Detailed responsibilities and duties of the development manager
7. Owner's Obligations: Responsibilities and obligations of the property owner/developer
8. Development Management Fee: Fee structure, payment terms, and conditions for the development management services
9. Project Execution: Procedures for project implementation, monitoring, and reporting
10. Approvals and Compliance: Responsibilities for obtaining necessary permits and ensuring regulatory compliance
11. Representatives and Communication: Designation of authorized representatives and communication protocols
12. Intellectual Property Rights: Ownership and usage rights of project-related intellectual property
13. Confidentiality: Protection and handling of confidential information
14. Indemnity and Liability: Mutual indemnification provisions and limitation of liability
15. Force Majeure: Provisions for handling unforeseen circumstances and their impact
16. Termination: Grounds and procedure for agreement termination
17. Dispute Resolution: Mechanism for resolving disputes between parties
18. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
19. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Multiple Phase Development: Required when the project involves multiple development phases with distinct timelines and deliverables
2. Environmental Management: Specific provisions for projects requiring extensive environmental management and compliance
3. Insurance: Detailed insurance requirements when project complexity demands specific coverage
4. Social Impact Management: Required for projects with significant community impact or requiring rehabilitation/resettlement
5. Technology and Systems: Specific provisions for projects requiring specialized technology or management systems
6. Value Engineering: Optional section for projects where cost optimization is a key objective
7. Quality Assurance: Detailed quality management provisions for premium developments
8. Sustainable Development Goals: Required for green building projects or developments with specific sustainability targets
1. Schedule 1 - Property Details: Detailed description of the project site and property documents
2. Schedule 2 - Scope of Services: Comprehensive list of development management services to be provided
3. Schedule 3 - Fee Structure and Payment Schedule: Detailed breakdown of fees, payment milestones, and calculation methods
4. Schedule 4 - Project Timeline: Detailed project schedule with milestones and deliverables
5. Schedule 5 - Key Personnel: List of key team members and their roles from both parties
6. Schedule 6 - Reporting Requirements: Format and frequency of project reports and updates
7. Schedule 7 - Technical Specifications: Detailed technical requirements and standards for the development
8. Schedule 8 - Approved Budget: Project budget breakdown and cost control parameters
9. Schedule 9 - Required Approvals: List of necessary regulatory approvals and permits
10. Appendix A - Power of Attorney: Authority granted to the development manager for specific actions
11. Appendix B - Project Drawings: Initial concept drawings and plans
12. Appendix C - Quality Standards: Detailed quality specifications and acceptance criteria
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