The definitions and rules of construction agreement is a legal agreement that is created between two parties when there is a need for a real estate project. This legal document is usually created between the owner of the property and the real estate developer who has undertaken the project. This document is a legally binding documented proof of all the terms and conditions that have been mutually discussed and agreed upon by both the parties, i.e., the property and the real estate developer, and contains details about each step of the construction process.
This document serves as a bond of trust between the property owner and the developer that all the terms and conditions which have been previously agreed upon will be followed under all circumstances and that both the parties will respect each other’s key decisions regarding each step of the construction.
When do you need a Definitions and Rules of Construction Agreement?
The most common application of this contract and or legal agreement can be found in a real estate project, where the owner of the property on which the project will be constructed is a different entity, and the real estate developer who has undertaken the project is another.
The legal document is created after all the mutually decided terms and conditions are outlined, and then each party signs the document in order to make it legally binding within the boundaries of the state, district, city, or county it has been drawn at.
Inclusions in Definitions and Rules of Construction Agreement
Parties Involved: This contract involves two parties; the first being the owner of the property on which the real estate project will take place and second the real estate developer who has undertaken the entire project, who are simultaneously referred to as ‘The Owner’ and ‘The Contractor’ along the lines or context of the agreement.
Effective Dates: This section of the contract outlines the important dates and milestones of the project. Details such as when the project would start and estimated date of completion is mentioned along with other details.
Where does it Apply: This legal document is legally binding within the boundaries of the state or city it has been drawn at.
[ Also Read: Construction Contract ]
How to Draft a Definitions and Rules of Construction Agreement?
The process of drafting definitions and rules of construction agreement is quite simple. Mentioned below are the steps for the same.
If you are the property owner, call a meeting with the developer and discuss the terms and conditions that you would like to enforce during the project. Vice versa, if you are the developer, reach out to the property owner and discuss the various terms and conditions which both of you have relating to the project.
Once the details have been mutually agreed upon, reach out to a lawyer and request him or her to draft definitions and rules of a construction agreement for your use.
Cross check and verify the details with both the stakeholders and get the authorized signatories from both the parties.
File the contract in the city or state court, as advised by your lawyer.
Benefits of Definitions and Rules of Construction Agreement
The benefits of having definitions and rules of construction agreement are far and wide. Here are some of the important ones.
Pros of having Definitions and Rules of Construction Agreement
With this contract you can place, both parties can be effectively enforced either of their terms and conditions if the need is during the tenure of the project.
Since this is a legally binding document, if the requirement is, this document can be taken to court, and it will serve as proof of an agreement or transaction taking place between both the stakeholders.
Cons of not having a Definitions and Rules of Construction Agreement
In the absence of this agreement, either of the parties doesn’t have legal proof of a transaction taking place and thus are at risk of fraud, the default in payment, or lapse in terms. In such a situation where a legal contract is absent, both parties stand to lose.
[Also Read: Addendum to the contract for construction]
Key Terms & Clauses of a Definitions and Rules of Construction Agreement
- Notices: In the creation of such a contract, there needs to be a certain notice to be sent and created by either the party and the details of the same are outlined here.
- Remedies: In the case of lapse of terms or default of payment, certain remedies come into action, and this section outlines the details of the same.
- Obligations: Both parties have certain obligations to each other, which need to be fulfilled, and the following section outlines the details of the same.
- Disclaimers: In the case of the creation of such a contract, specific disclaimers and warranties need to be provided by either party, and this section contains the details of the same.
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