The Development Management Agreement is a crucial document used in Hong Kong's property development sector when a property owner or developer wishes to engage a professional development manager to oversee their development project. It is particularly relevant in complex development projects where specialized expertise is required for managing the development process, from conception through to completion. The agreement comprehensively addresses the Hong Kong regulatory environment, including compliance with the Buildings Ordinance, Town Planning Ordinance, and other relevant legislation. It establishes the development manager's scope of authority, responsibilities, and accountability while protecting the interests of all parties involved. This document type is essential for projects requiring professional development management services in Hong Kong's sophisticated property market, where regulatory compliance and professional project delivery are paramount.
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1. Parties: Identification of the property owner/developer and the development manager
2. Background: Context of the development project and appointment of the development manager
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Term: Formal appointment, term, and any renewal provisions
5. Development Manager's Obligations: Core services, standard of care, and key deliverables
6. Client's Obligations: Property owner's responsibilities and obligations
7. Project Governance: Decision-making framework, approval processes, and reporting requirements
8. Personnel and Resources: Key personnel requirements, staffing, and resource commitments
9. Fees and Payment: Fee structure, payment terms, and expenses
10. Insurance and Liability: Insurance requirements and liability limitations
11. Intellectual Property: Ownership and usage rights of project documentation and materials
12. Confidentiality: Confidentiality obligations and permitted disclosures
13. Termination: Termination events, processes, and consequences
14. Dispute Resolution: Dispute resolution procedures and governing law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Sales and Marketing Services: Include when development manager will handle sales/leasing activities
2. Funding and Finance: Include when development manager has responsibilities related to project funding
3. Multiple Phase Development: Include for projects with multiple phases requiring specific provisions
4. Environmental Compliance: Include when project has significant environmental requirements
5. Government Liaison: Include when development manager is responsible for government applications/permits
6. Post-Completion Services: Include if development manager's role extends beyond practical completion
7. Value Engineering: Include when development manager has specific cost optimization responsibilities
8. Community Engagement: Include for projects requiring community consultation
1. Schedule 1 - Project Details: Description of the development project, site details, and key objectives
2. Schedule 2 - Services Scope: Detailed scope of development management services
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment milestones, and calculations
4. Schedule 4 - Project Program: Project timeline, milestones, and key dates
5. Schedule 5 - Key Personnel: Details of key personnel and their roles
6. Schedule 6 - Reporting Requirements: Format and frequency of required reports
7. Schedule 7 - KPIs and Performance Metrics: Performance indicators and measurement criteria
8. Schedule 8 - Approved Contractors List: Pre-approved contractors and consultants
9. Schedule 9 - Project Budget: Detailed project budget and cost control procedures
10. Appendix A - Power of Attorney: If development manager requires specific authorities to act on behalf of the client
11. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
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