| name | development-agreement |
| title | Development Agreement |
| description | Drafts U.S. commercial real estate owner-developer agreements covering scope, entitlements, schedule, pricing (fixed, GMP, cost-plus), change orders, payment and retainage, insurance, indemnity, IP, confidentiality, termination, and disputes. Use when user mentions "development agreement", "owner-developer agreement", "project development contract", "real estate development", "GMP", "cost-plus", "milestones", or "change orders". |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/development-agreement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | real-estate |
| language | en |
| tags | ["agreement","drafting","transactional"] |
Development Agreement
Produces an owner-developer agreement for a commercial real estate project with clear scope, timeline, pricing, and risk allocation.
Intake Checklist
Collect before drafting:
| Item | Required Inputs | Notes |
|---|
| Parties | Legal names, entity types, authority | Add licensing if required |
| Property | Legal description, APN, address | Attach as exhibit |
| Project scope | Type, size, quality standards, exclusions | Include delivery model |
| Plans | Approved plans list | Define approval path |
| Budget | Base budget, contingency, allowances | Specify currency |
| Pricing model | Fixed / GMP / cost-plus, fee structure | Define cost categories |
| Schedule | Milestones, completion dates | Define excusable delays |
| Permits | Responsibility split, known approvals | Include entitlements |
| Insurance | Types, limits, additional insureds | CGL, WC, builders risk |
| Dispute forum | Court or arbitration | Venue and governing rules |
Key Definitions
Define each term precisely in the agreement:
- Project — scope, location, intended use
- Plans — approved plans and change process
- Milestone — objective completion criteria
- Substantial Completion — functional-use standard
- Final Completion — punch list cleared, closeout delivered
- Change Order — written, signed scope/cost/schedule change
- GMP / Cost-Plus — cost categories, fee calculation, audit rights
- Force Majeure — qualifying events and notice requirements
- Permits — required governmental approvals
Core Sections
Draft each section with the noted requirements: