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Builder Development Agreement
"I need a Builder Development Agreement for a 20-story mixed-use commercial and residential development in Makati City, Philippines, with special emphasis on green building certification requirements and a project completion deadline of December 2025."
1. Parties: Identification of the Developer and Builder, including their complete legal names, addresses, and registration details
2. Background: Context of the development project, including the purpose, location, and general scope of works
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical construction terms and project-specific terminology
4. Scope of Works: Detailed description of the construction works to be performed, including general obligations of the Builder
5. Contract Sum and Payment Terms: The agreed price for the works, payment schedule, progress payments, retention amounts, and payment procedures
6. Project Timeline: Construction schedule, milestone dates, completion dates, and provisions for extensions of time
7. Builder's Obligations: Specific responsibilities including permits, approvals, workforce, materials, equipment, and compliance with laws
8. Developer's Obligations: Responsibilities of the developer including site access, approvals, and information provision
9. Quality and Standards: Required construction standards, quality control measures, and inspection procedures
10. Variations: Process for handling changes to the scope of works, including pricing and approval procedures
11. Insurance and Securities: Required insurance coverage, performance bonds, and other security requirements
12. Warranties and Defects Liability: Builder's warranties, defects liability period, and rectification procedures
13. Risk and Property: Risk allocation, property rights, and responsibility for works until completion
14. Default and Termination: Events of default, termination rights, and consequences of termination
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
16. General Provisions: Standard legal provisions including notices, governing law, and assignment rights
1. Environmental Management: Specific environmental obligations and compliance requirements, included when the project has significant environmental impacts
2. Community Relations: Obligations regarding community engagement and social impact management, included for projects in sensitive community areas
3. Indigenous Peoples Rights: Specific provisions related to indigenous peoples' rights and requirements, included when the project affects ancestral domains
4. Government Coordination: Special provisions for coordination with government agencies, included for projects requiring significant government oversight
5. Force Majeure: Detailed provisions for handling force majeure events, particularly relevant in areas prone to natural disasters
6. Intellectual Property Rights: Provisions regarding design rights and other IP, included when the project involves unique design elements
7. Financing Arrangements: Special provisions related to project financing, included when external financing is involved
1. Schedule 1 - Technical Specifications: Detailed technical specifications for all aspects of the construction works
2. Schedule 2 - Site Plans and Drawings: Architectural, structural, and other relevant drawings and plans
3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices for all construction elements
4. Schedule 4 - Construction Program: Detailed construction schedule with milestones and critical path
5. Schedule 5 - Quality Assurance Plan: Detailed quality control and assurance procedures
6. Schedule 6 - Safety Management Plan: Occupational health and safety procedures and requirements
7. Schedule 7 - List of Approved Subcontractors: Pre-approved subcontractors for specific aspects of the works
8. Schedule 8 - Performance Security Forms: Forms and requirements for performance bonds and securities
9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
10. Schedule 10 - Environmental Management Plan: Environmental protection and compliance procedures
11. Appendix A - Required Permits and Licenses: List of required regulatory approvals and permits
12. Appendix B - Testing and Commissioning Procedures: Procedures for testing and commissioning of completed works
Authors
Applicable Laws
Approved Documents
Architect
As-Built Drawings
Authority Approvals
Bill of Quantities
Building Code
Building Permit
Certificate of Completion
Certificate of Occupancy
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Program
Construction Schedule
Contract Price
Contract Sum
Contractor's Equipment
Day
Defects Liability Period
Delay Damages
Developer
Development Site
Drawings
Environmental Management Plan
Extension of Time
Final Completion
Force Majeure Event
Good Industry Practice
Governing Law
Guaranteed Maximum Price
Insurance Requirements
Intellectual Property Rights
Letter of Award
Local Government Unit
Materials
Milestone
Notice to Proceed
Occupational Health and Safety Plan
Payment Certificate
Performance Bond
Performance Security
Permits
Practical Completion
Project
Project Manager
Quality Assurance Plan
Retention Money
Safety Requirements
Schedule of Rates
Site
Specifications
Subcontractor
Substantial Completion
Technical Specifications
Temporary Works
Time for Completion
Variation
Warranty Period
Work Package
Works
Scope of Works
Contract Documents
Builder's Obligations
Developer's Obligations
Site Access and Conditions
Quality Assurance
Program and Progress
Extensions of Time
Variations
Contract Price
Payment Terms
Retention
Performance Security
Insurance
Indemnification
Health and Safety
Environmental Compliance
Labor and Employment
Materials and Workmanship
Testing and Inspection
Completion and Handover
Defects Liability
Warranties
Intellectual Property
Confidentiality
Force Majeure
Suspension
Termination
Default
Dispute Resolution
Governing Law
Assignment
Notices
Subcontracting
Permits and Approvals
Local Government Compliance
Risk Allocation
Site Security
Documentation
Reporting Requirements
Record Keeping
Audit Rights
Representatives
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Anti-Corruption
Survival
Real Estate Development
Construction
Infrastructure
Commercial Property
Residential Development
Industrial Development
Hospitality
Retail
Healthcare
Education
Manufacturing
Logistics
Mixed-Use Development
Legal
Construction
Development
Finance
Procurement
Operations
Risk and Compliance
Technical Services
Quality Assurance
Environmental
Project Management
Contract Administration
Project Director
Construction Manager
Development Manager
Contract Administrator
Legal Counsel
Chief Financial Officer
Risk Manager
Technical Director
Operations Manager
Procurement Manager
Compliance Officer
Environmental Manager
Quality Assurance Manager
Site Supervisor
Cost Controller
Project Engineer
Architect
Quantity Surveyor
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