Agreements for lease for construction lawyers—development obligations
Agreements for lease for construction lawyers—development obligations

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Agreements for lease for construction lawyers—development obligations
  • The works
  • Variations
  • Strength of obligations
  • Limitation of liability
  • Time for completion
  • Measurement of the works
  • Insurance
  • Construction documents

From a construction lawyer's perspective, whether acting for a developer/landlord or a tenant, one of the key sections of an agreement for lease is that which contains the development obligations or, in other words, the works and the other requirements which the developer is to carry out before the tenant is obliged to enter into the lease. This Practice Note provides an introduction to the key construction provisions that are likely to be contained in an agreement for lease including development obligations.

The clause or clauses which state what the developer has to do will generally cover a number of issues; the key topics being the following:

  1. the nature, extent and standard of the works

  2. variations (required by the landlord and/or the tenant)

  3. the extent of developer obligations

  4. limitation of developer's liability

  5. time for completion of the works

  6. measurement of the works

  7. insurance requirements

  8. the construction documentation including collateral warranties/third party rights

The works

The agreement for lease will typically require the developer to carry out and complete the works. The first thing to consider is what are the works? The works will be defined either by reference to a set of documents (such as plans or specifications), which will either be listed in a schedule or will be attached to the agreement. Alternatively, and this would be the preferred option