Builder Development Agreement for the United States

Builder Development Agreement Template for United States

A Builder Development Agreement is a comprehensive legal document used in the United States that establishes the terms and conditions between a developer and a builder for the construction of a specific project. This agreement outlines construction specifications, timelines, payment terms, quality standards, and compliance requirements with federal, state, and local regulations. It includes provisions for permits, approvals, insurance requirements, and dispute resolution mechanisms while addressing environmental considerations and community impact.

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What is a Builder Development Agreement?

The Builder Development Agreement serves as the primary contractual framework for construction projects in the United States, typically used when a developer engages a builder for significant construction work. This document is essential for projects ranging from residential developments to commercial complexes, ensuring clear delineation of responsibilities, risk allocation, and project execution parameters. It incorporates federal, state, and local regulatory requirements while protecting both parties' interests through detailed specifications of work scope, quality standards, timelines, and financial terms.

What sections should be included in a Builder Development Agreement?

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background/Recitals: Sets out the context and purpose of the development agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Work: Detailed description of the development project and builder's obligations

5. Project Timeline: Key milestones, completion dates, and project phases

6. Payment Terms: Payment schedule, amounts, and conditions for payment

7. Permits and Approvals: Requirements for obtaining necessary permits and regulatory approvals

8. Insurance and Indemnification: Required insurance coverage and indemnification obligations

9. Default and Termination: Conditions constituting default and termination rights

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

1. Environmental Provisions: Required when development involves environmental considerations or potential environmental impact

2. Community Benefits: Commitments to provide specific benefits to the local community, typically used for large-scale developments in urban areas

3. Affordable Housing Requirements: Specifications for inclusion of affordable housing units when required by local regulations or agreed with authorities

4. Public Infrastructure: Requirements for public infrastructure improvements when development requires modifications to public infrastructure

What schedules should be included in a Builder Development Agreement?

1. Development Plans: Detailed architectural and engineering plans

2. Project Specifications: Technical specifications for construction

3. Project Budget: Detailed cost breakdown and budget allocation

4. Construction Schedule: Detailed timeline of construction phases

5. Required Insurance Certificates: Copies of required insurance policies

6. Environmental Reports: Environmental impact assessments and related reports

7. Permits and Approvals: Copies of obtained permits and regulatory approvals

8. Form of Performance Bond: Template for required performance bonds

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

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Americans with Disabilities Act (ADA): Federal law requiring accessibility standards in construction and development to ensure facilities are accessible to persons with disabilities

Fair Housing Act: Federal legislation prohibiting discrimination in housing developments and requiring certain accessibility features in multifamily housing

National Environmental Policy Act (NEPA): Federal law requiring environmental impact assessments for projects with significant environmental effects

Clean Water Act: Federal regulation governing water pollution control and water quality standards in construction projects

Clean Air Act: Federal law regulating air emissions and air quality standards during construction activities

Occupational Safety and Health Act (OSHA): Federal regulations establishing workplace safety standards for construction sites

Davis-Bacon Act: Federal law requiring payment of prevailing wages on federally funded construction projects

State Building Codes: State-specific regulations governing building construction standards and safety requirements

Local Zoning Laws: Municipal regulations controlling land use, building height, density, and other development parameters

State Environmental Regulations: State-specific environmental protection requirements supplementing federal regulations

State Contractor Licensing: State requirements for contractor qualification, licensing, and registration

Construction Lien Laws: State-specific laws governing mechanics liens and payment security in construction projects

Local Permitting Requirements: Municipal regulations for obtaining necessary construction and development permits

State Labor Laws: State-specific regulations governing employment, wages, and working conditions in construction

International Building Code (IBC): Model building code establishing minimum requirements for building safety and performance

Insurance Requirements: State-mandated insurance coverage for construction projects and contractors

Development Impact Fees: Local charges imposed on new development to fund public infrastructure and services

Historic Preservation Laws: Federal and state regulations protecting historically significant properties and districts

Energy Efficiency Requirements: State and local regulations governing building energy performance and sustainability standards

Storm Water Management Regulations: Requirements for controlling storm water runoff during and after construction

Utility Connection Requirements: Local regulations governing connection to public utilities and infrastructure

Uniform Commercial Code (UCC): State-adopted standards governing commercial transactions including construction contracts

State Contract Law: State-specific laws governing contract formation, enforcement, and remedies

Construction Defect Laws: State-specific regulations governing liability and remedies for construction defects

Warranty Laws: State requirements for construction warranties and guarantees

Alternative Dispute Resolution Laws: State laws governing mediation, arbitration, and other dispute resolution methods in construction

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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