The Builder Developer Agreement serves as a critical legal framework for construction projects in the United States, establishing clear parameters for the relationship between developers and builders. This contract type is essential when a developer requires construction services for property development projects, whether commercial, residential, or mixed-use. The agreement typically includes detailed specifications about construction scope, quality standards, timelines, payment terms, and risk allocation. It must comply with federal construction regulations, state-specific building codes, and local zoning laws, making it a comprehensive document that protects both parties' interests while ensuring regulatory compliance.
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1. Parties: Identification and details of the Developer and Builder
2. Background: Context of the development project and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Work: Detailed description of construction and development services
5. Project Timeline: Construction schedule, milestones, and completion dates
6. Payment Terms: Compensation, payment schedule, and terms
7. Warranties and Representations: Guarantees regarding work quality and compliance
8. Insurance and Indemnification: Required insurance coverage and liability provisions
9. Termination: Conditions and procedures for contract termination
1. Environmental Compliance: Special provisions for environmental requirements and responsibilities when project involves environmental sensitivities
2. Dispute Resolution: Alternative dispute resolution procedures including arbitration or mediation when parties prefer alternatives to litigation
3. Force Majeure: Provisions for unforeseen circumstances and external disruptions affecting project completion
1. Schedule A - Project Plans: Detailed architectural and construction plans
2. Schedule B - Project Specifications: Technical specifications and materials
3. Schedule C - Payment Schedule: Detailed breakdown of payments and milestones
4. Schedule D - Insurance Requirements: Specific insurance coverage requirements
5. Schedule E - Project Timeline: Detailed construction schedule and milestones
6. Schedule F - Property Details: Legal description and details of development property
Relevant legal definitions
Agreement
Architect
Builder
Building Permits
Certificate of Occupancy
Commencement Date
Completion Date
Construction Documents
Construction Schedule
Contract Price
Contract Sum
Developer
Development Site
Drawings
Effective Date
Final Completion
Force Majeure Events
Intellectual Property Rights
Material Default
Milestone Dates
Notice to Proceed
Payment Schedule
Performance Standards
Plans and Specifications
Project
Project Manager
Property
Punch List
Quality Standards
Scope of Work
Services
Specifications
Subcontractor
Substantial Completion
Term
Unit
Variations
Warranty Period
Work
Architect
Builder
Building Permits
Certificate of Occupancy
Commencement Date
Completion Date
Construction Documents
Construction Schedule
Contract Price
Contract Sum
Developer
Development Site
Drawings
Effective Date
Final Completion
Force Majeure Events
Intellectual Property Rights
Material Default
Milestone Dates
Notice to Proceed
Payment Schedule
Performance Standards
Plans and Specifications
Project
Project Manager
Property
Punch List
Quality Standards
Scope of Work
Services
Specifications
Subcontractor
Substantial Completion
Term
Unit
Variations
Warranty Period
Work
Clauses
Scope of Work
Payment Terms
Construction Schedule
Quality Standards
Warranties and Representations
Insurance Requirements
Indemnification
Health and Safety
Permits and Approvals
Site Access and Security
Environmental Compliance
Change Orders
Intellectual Property
Confidentiality
Force Majeure
Default and Remedies
Termination
Dispute Resolution
Assignment and Subcontracting
Liability Limitations
Performance Bonds
Labor and Materials
Project Documentation
Inspection and Testing
Compliance with Laws
Notice Requirements
Risk Allocation
Defects Liability
Project Completion
Retention
Governing Law
Severability
Entire Agreement
Amendment Procedures
Waiver
Payment Terms
Construction Schedule
Quality Standards
Warranties and Representations
Insurance Requirements
Indemnification
Health and Safety
Permits and Approvals
Site Access and Security
Environmental Compliance
Change Orders
Intellectual Property
Confidentiality
Force Majeure
Default and Remedies
Termination
Dispute Resolution
Assignment and Subcontracting
Liability Limitations
Performance Bonds
Labor and Materials
Project Documentation
Inspection and Testing
Compliance with Laws
Notice Requirements
Risk Allocation
Defects Liability
Project Completion
Retention
Governing Law
Severability
Entire Agreement
Amendment Procedures
Waiver
Relevant Industries
Relevant Teams
Relevant Roles
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