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1. Parties: Identification of the contracting parties - typically the Property Owner/Developer and the Development Manager
2. Background: Context of the development project, property details, and purpose of the agreement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation clauses
4. Appointment and Scope: Formal appointment of the Development Manager and detailed scope of services
5. Duration: Term of the agreement, including commencement date and completion conditions
6. Development Manager's Obligations: Detailed responsibilities and duties of the Development Manager
7. Client's Obligations: Responsibilities and obligations of the Property Owner/Developer
8. Project Governance: Decision-making processes, reporting structures, and approval mechanisms
9. Financial Provisions: Fee structure, payment terms, and financial management requirements
10. Professional Team: Appointment and management of consultants and contractors
11. Risk and Insurance: Risk allocation, required insurance coverage, and indemnities
12. Intellectual Property: Ownership and usage rights of project documentation and designs
13. Confidentiality: Protection of confidential information and trade secrets
14. Termination: Termination rights, procedures, and consequences
15. Dispute Resolution: Procedures for handling disputes and applicable resolution mechanisms
16. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Development Funding: Include when specific funding arrangements or requirements need to be addressed
2. Phasing: Required for multi-phase developments to outline staging and progression
3. Environmental Management: Include for projects with significant environmental impacts or requirements
4. B-BBEE Compliance: Detailed section when specific transformation targets or requirements apply
5. Value Engineering: Include when specific cost optimization processes are required
6. Community Engagement: Required for projects with significant community impact or consultation requirements
7. Marketing and Leasing: Include if Development Manager's scope includes marketing/leasing responsibilities
8. Sustainability Requirements: Include for projects with specific green building or sustainability targets
1. Schedule 1 - Property Description: Detailed description of the property and development site
2. Schedule 2 - Services Scope: Detailed breakdown of development management services
3. Schedule 3 - Fee Schedule: Detailed fee structure, including base fees and performance incentives
4. Schedule 4 - Project Program: Project timeline, milestones, and delivery dates
5. Schedule 5 - Key Performance Indicators: Performance metrics and measurement criteria
6. Schedule 6 - Reporting Requirements: Format and frequency of required reports
7. Schedule 7 - Professional Team Scope: Scope of works for key consultants and contractors
8. Schedule 8 - Development Budget: Detailed project budget and cost breakdown
9. Schedule 9 - Approval Matrix: Decision-making and approval requirements matrix
10. Appendix A - Project Brief: Detailed project requirements and specifications
11. Appendix B - Design Guidelines: Architectural and design requirements
12. Appendix C - Statutory Approvals: List of required permits and approvals
Applicable Laws
Approval Matrix
Approved Project Budget
Architect
Authority Approvals
B-BBEE Requirements
Base Fee
Business Day
Certificate of Completion
Client
Commencement Date
Completion Date
Confidential Information
Construction Contract
Construction Program
Contractor
Cost Plan
Development
Development Manager
Development Management Fee
Development Management Services
Development Period
Development Program
Development Site
Environmental Requirements
Extension Event
Force Majeure
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Local Authority
Material Breach
Milestones
Occupancy Certificate
Performance Fee
Practical Completion
Professional Team
Project
Project Account
Project Brief
Project Control Budget
Project Documents
Project Program
Property
Quantity Surveyor
Reporting Requirements
Services
Site
Statutory Requirements
Subcontractor
Term
Termination Date
Value Engineering
Variation
Works
Scope of Services
Duration
Development Management Services
Project Governance
Professional Team
Fees and Payment
Development Program
Budget Control
Cost Management
Quality Control
Risk Management
Health and Safety
Environmental Compliance
B-BBEE Compliance
Regulatory Compliance
Reporting
Performance Monitoring
Decision Making
Variations
Insurance
Liability
Indemnification
Intellectual Property
Confidentiality
Force Majeure
Termination
Dispute Resolution
Assignment
Subcontracting
Notices
Governing Law
Warranties
Representations
Anti-Corruption
Data Protection
Change Control
Default
Remedies
Third Party Rights
Entire Agreement
Severability
Waiver
Amendments
Real Estate
Construction
Commercial Property
Residential Property
Industrial Development
Retail Development
Mixed-use Development
Healthcare Facilities
Educational Facilities
Hospitality
Infrastructure Development
Development
Construction
Property
Legal
Finance
Project Management
Technical Services
Investment
Asset Management
Risk Management
Procurement
Operations
Development Manager
Project Director
Construction Manager
Property Developer
Real Estate Director
Project Manager
Development Director
Construction Director
Property Portfolio Manager
Facilities Manager
Technical Director
Chief Development Officer
Head of Construction
Investment Manager
Asset Manager
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