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Master Developer Agreement Template for Australia

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Key Requirements PROMPT example:

Master Developer Agreement

"I need a Master Developer Agreement for a large-scale commercial office development in Sydney CBD, with specific provisions for 6-star Green Star rating requirements and integration with an existing heritage building, targeting project commencement in March 2025."

Document background
The Master Developer Agreement is a foundational document used in Australian property development projects to establish the legal and operational framework between a developer and property owner/client. It is particularly crucial for large-scale or complex development projects where comprehensive project governance is required. The agreement typically addresses all aspects of the development process, from initial planning through to completion, including obtaining necessary approvals, managing construction, and ensuring compliance with Australian federal and state regulations. This document serves as the primary agreement governing the relationship between parties and often sits above other project-specific agreements. It includes detailed provisions for risk allocation, financial arrangements, project timing, and quality standards, while incorporating specific requirements of Australian building and construction law, environmental regulations, and planning requirements.
Suggested Sections

1. Parties: Identification of the principal developer and client/owner

2. Background: Context of the development project, site details, and purpose of the agreement

3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents

4. Appointment and Scope: Formal appointment of developer and outline of development services

5. Developer Obligations: Core responsibilities, deliverables, and performance standards

6. Client Obligations: Client's responsibilities, including provision of information and approvals

7. Development Program: Project timeline, milestones, and completion requirements

8. Financial Provisions: Fee structure, payment terms, and financial obligations

9. Approvals and Compliance: Process for obtaining and maintaining necessary permits and approvals

10. Insurance and Liability: Insurance requirements and liability allocation

11. Intellectual Property: Ownership and usage rights of project IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Risk Management: Risk allocation and mitigation strategies

14. Default and Termination: Events of default, remedies, and termination processes

15. Dispute Resolution: Process for handling disputes and escalation procedures

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Staging and Phasing: For projects with multiple development stages or phases

2. Third Party Contractors: Where engagement and management of contractors is required

3. Environmental Management: For projects with significant environmental considerations

4. Heritage Protection: When dealing with heritage-listed properties or areas

5. Community Consultation: Where community engagement is required

6. Government Participation: For projects involving government stakeholders

7. Sales and Marketing: If developer is responsible for sales/leasing

8. Defects Liability: Extended defects provisions for complex developments

9. Sustainability Requirements: For projects with specific sustainability targets

10. Indigenous Land Rights: When development affects indigenous lands or requires consultation

Suggested Schedules

1. Site Plans and Specifications: Detailed plans, drawings, and technical specifications

2. Development Program: Detailed timeline, milestones, and critical paths

3. Fee Schedule: Detailed breakdown of fees, costs, and payment structure

4. Key Personnel: List of key team members and their responsibilities

5. Required Approvals: List of all required permits, licenses, and approvals

6. Performance Criteria: Specific performance metrics and standards

7. Form of Warranties: Standard forms of warranties to be provided

8. Insurance Requirements: Detailed insurance specifications and minimum coverage

9. Site Access Protocols: Procedures for accessing and securing the site

10. Quality Assurance Plan: Quality control processes and requirements

11. Environmental Management Plan: Environmental protection and management procedures

12. Reporting Requirements: Templates and schedules for required reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























































Clauses





































Relevant Industries

Commercial Property Development

Residential Property Development

Mixed-Use Development

Industrial Development

Infrastructure Development

Urban Renewal

Retail Development

Healthcare Facility Development

Education Facility Development

Tourism and Hospitality Development

Logistics and Distribution Centers

Technology Parks

Relevant Teams

Legal

Development

Construction

Commercial

Finance

Risk and Compliance

Planning and Design

Operations

Project Management

Property

Executive Leadership

Procurement

Relevant Roles

Development Director

Project Director

Construction Manager

Legal Counsel

Commercial Manager

Development Manager

Property Director

Chief Executive Officer

Contract Administrator

Risk Manager

Planning Manager

Development Coordinator

Project Manager

General Counsel

Financial Controller

Operations Director

Industries












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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