No matter the size of the development, you need to know that someone is acting as part of your in-house team to ensure the documentation is providing you with the level of protection you require. Understanding from a helicopter perspective how the various elements of the development process fit together is crucial. An effective development lawyer needs to be able to draft a development agreement which properly ties in with the building contract and other construction documentation using the same terminology and definitions. Development agreements are often used on investment projects and as such they need to be forward looking in order that the marketability of the investment is not impaired.
For commercial developments, collateral warranties and step in rights may be an absolute fundamental necessity. Taking into account recent events, “force majeure” clauses will be a major source of debate in all development documentation and now, we predict, even in leases going forwards.
We work with a variety of experienced professionals and are able to involve them and introduce them to clients to ensure that their project benefits from the highest quality of experience and oversight. We are also able to assist clients seeking introductions to suitable funders.