Are development funding and equity sharing agreements practically relevant to the needs of the contracting parties? (Record no. 104970)

MARC details
000 -LEADER
fixed length control field 02729cam a2200169 4500
001 - CONTROL NUMBER
control field ##L132025
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051221n1996 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132025
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Dubben, Nigel
245 00 - TITLE STATEMENT
Title Are development funding and equity sharing agreements practically relevant to the needs of the contracting parties?
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. London
Name of publisher, distributor, etc. RICS
Date of publication, distribution, etc. 1996
520 ## - SUMMARY, ETC.
Summary, etc. This paper is concerned with financial arrangements involved in major property development schemes. Parties with a financial interest may include Pension Funds, Life Assurance Companies, Property Development Companies, Contractors, Anchor Tenants, Local Authorities and Development Corporations. The financial documentation should provide a framework to allow funds to be available to complete the scheme and to provide the agreed returns to the participants. Furthermore the contracts should provide rights and reponsibilities to allow the parties to protect their interests during and after the development process. The property development process has been well documented (see for example Darlow 1992) Less attention has been given to the incentives of the various parties who have a financial stake in development and how these incentives are met by the contractural documentation. This paper firstly addresses the enforceability of these contracts and refers to typical clauses and case law. Secondly, established project management procedures (for example see Morris 1994) are considered in the context of the contracts between the parties to a particular scheme. References are available concerning the contractural arrangements between long term funder and developer (see Darlow 1982) and Local Authority and developer. Little is available which deals with the involvement of a major retailer as both a development participant and anchor tenant. Bespoke project management procedures should be prepared following an understanding of the incentives of each of the development participants. These procedures should be reflected in the contracts between the parties. The paper will conclude with an assessment of the practical relevance of the various contracts between the parties and whether project management can be effectively performed. Suggestions will be made for changes to standard documentation. The author will rely on published references and his own experience as a Director of a public property company and a Partner in a firm of project management consultants. Standard agreements prepared by Clifford Chance, Solicitors, will be used with the author's permission.
520 ## - SUMMARY, ETC.
Summary, etc. This item is no longer available.
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-COMMERCIAL PROPERTY DEVELOPMENT
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 21/12/2005   132025-1001 06/08/2019 1 06/08/2019 Book