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Construction Disbursement Agreement Template for India

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Key Requirements PROMPT example:

Construction Disbursement Agreement

"Need a Construction Disbursement Agreement for a multi-phase shopping mall development in Mumbai with a total value of INR 500 crore, involving multiple lenders and incorporating specific provisions for retail space completion milestones starting March 2025."

Document background
The Construction Disbursement Agreement is a crucial document used in Indian construction financing arrangements to regulate the release of funds from lenders to developers or contractors. This agreement is particularly important in the Indian context where construction projects are subject to multiple regulatory requirements under RERA, banking regulations, and state-specific construction laws. The document sets out specific conditions precedent for disbursements, links payment releases to construction milestones, and includes mechanisms for project monitoring and quality assurance. It's typically used in situations where substantial construction financing is required and where the lender needs to maintain control over fund utilization while ensuring project completion according to agreed specifications. The agreement includes provisions for compliance with Indian banking regulations, construction standards, and environmental requirements, while also incorporating security arrangements and default remedies.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the lender/financier, borrower/developer, and any other relevant parties

2. Background: Context of the construction project, purpose of the agreement, and relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Purpose and Scope: Details of the construction project and scope of financing arrangement

5. Disbursement Amount and Terms: Total amount of financing and basic terms of disbursement

6. Conditions Precedent: Prerequisites that must be satisfied before any disbursement can be made

7. Disbursement Procedures: Step-by-step process for requesting and processing disbursements

8. Construction Milestones: Key construction phases and corresponding disbursement stages

9. Documentation Requirements: List of documents required for each disbursement request

10. Representations and Warranties: Standard and specific representations made by each party

11. Covenants: Ongoing obligations of the parties during the construction period

12. Monitoring and Inspection Rights: Rights of the lender to monitor construction progress

13. Events of Default: Circumstances that constitute default and their consequences

14. Remedies: Actions available to parties in case of default or breach

15. Term and Termination: Duration of the agreement and termination provisions

16. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

17. Notices: Process and addresses for formal communications between parties

18. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability

Optional Sections

1. Security Arrangements: Additional security or collateral requirements - include when specific security arrangements are required

2. Cost Overrun Provisions: Mechanisms for handling cost overruns - include for large or complex projects

3. Multiple Phase Provisions: Specific provisions for multiple construction phases - include for phased projects

4. Insurance Requirements: Detailed insurance obligations - include when specific insurance arrangements are necessary

5. Environmental Compliance: Specific environmental requirements - include for environmentally sensitive projects

6. Force Majeure: Provisions for handling unforeseen circumstances - include for long-term or high-risk projects

7. Step-in Rights: Lender's rights to take over project - include for high-value projects

8. Subordination Provisions: Rankings of different financiers - include when multiple lenders are involved

9. Third Party Rights: Rights of third parties - include when relevant stakeholders need specific rights

Suggested Schedules

1. Schedule 1 - Project Details: Detailed description of the construction project including plans and specifications

2. Schedule 2 - Disbursement Schedule: Detailed timeline and amounts for each planned disbursement

3. Schedule 3 - Construction Milestone Schedule: Detailed description of construction milestones and completion criteria

4. Schedule 4 - Form of Disbursement Request: Standard format for submitting disbursement requests

5. Schedule 5 - Required Documentation: Comprehensive list of required documents for each stage

6. Schedule 6 - Authorized Signatories: List of persons authorized to submit and approve disbursement requests

7. Schedule 7 - Technical Specifications: Detailed technical requirements and standards

8. Schedule 8 - Cost Breakdown: Itemized breakdown of project costs and allocation of funds

9. Schedule 9 - Compliance Certificates: Format of various compliance certificates required

10. Appendix A - Required Permits and Approvals: List of all required regulatory approvals and permits

11. Appendix B - Security Documents: Forms of security documents and collateral agreements

12. Appendix C - Insurance Requirements: Detailed insurance specifications and requirements

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

Real Estate

Infrastructure

Commercial Construction

Residential Development

Industrial Construction

Healthcare Construction

Education Construction

Hospitality Development

Retail Development

Public Works

Mixed-use Development

Relevant Teams

Legal

Finance

Project Management

Construction Management

Risk Management

Compliance

Credit

Technical Services

Property Development

Operations

Real Estate

Relevant Roles

Project Finance Manager

Construction Manager

Project Director

Chief Financial Officer

Legal Counsel

Compliance Officer

Project Architect

Quantity Surveyor

Construction Site Manager

Banking Relationship Manager

Risk Manager

Project Controller

Development Director

Technical Director

Finance Director

Construction Finance Specialist

Property Development Manager

Senior Loan Officer

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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