A gap has long existed between construction professionals – such as architects, engineers, quantity surveyors and consultants – and the property development process. The underlying development structures, expressed in terms of legal obligation and accountability, are all too little understood.
This practical guide by a highly experienced lawyer identifies the role of the construction professional in a wider context and looks beyond their relationship with their immediate employer. It provides the development professional with an understanding of the many relationships involved in projects, both in terms of contractual obligation and duty of care. This encourages more effective communication between those involved, including joint venture partners, bankers, funders, landowners with an interest in the outcome and tenants.
1. The Players. Or: Who do You Think You Are? 2. Joint Ventures. Or: Can I Join in Too Please? 3. Development and Forward Funding Agreements. Or: Now, Let's Really Party! 4. Forward Sale, Loan and Occupational Tenant Agreements. Or: And Here's How the Others do it 5. Site Assembly and Elements of Land Law. Or: What Have we Here? 6. Interpretation and Some Statutory Hurdles. Or: How to Invite Trouble? 7. Construction Procurement in the Development Process. Or: Before you Build a House of Cards, First get a Pack 8. When it All Goes Wrong. Or: Fallback in Action 9. The Management of Risk. Or: 'Tis Better to be Safe Than Sorry