Home Blog Development Agreement Negotiation: Key Terms, Tips, Legal Help

Jump to Section

Quick Facts — Development Agreement Lawyers

What is a Development Agreement Negotiation?

A development agreement is a legal contract that specifies all terms and conditions for constructing on, or improving, a property. It’s usually signed by a landowner and a property developer. The contract has to specify rules and commitments for the specific real estate project to minimize the risk of disputes.

Once a development agreement has been drafted, it should be reviewed. This will help you to see if there are any terms in the agreement that you’d like to negotiate.

Read the rest of this article for key terms to negotiate, what to consider for achieving a favorable outcome, and how a qualified lawyer with experience can assist you with the negotiation process to protect your interests.

What Key Terms are Commonly Negotiated in a Development Agreement?

A development agreement usually contains the following key terms that parties tend to negotiate.

  • Project scope. Make sure that there are clear and measurable steps and deadlines. These can be negotiated to prevent project delays and other challenges.
  • Financials. Set a clear budget and schedule for payments that’s reasonable to follow.
  • Acceptance. Parties must agree on acceptance criteria and what is considered successful project completion.
  • Changes. It’s in your best interests to require written approval before additional work or changes to the plan are made.
  • Unexpected costs. Consider which party will take responsibility for additional costs, such as labor costs.
  • Delays and charges. This is when the landowner negotiates an agreed amount that will be payable for any contractor delays.

What are Some Tips for Negotiating a Development Agreement?

When negotiating a development agreement, there are some key aspects of the arrangement to consider so that you don’t put yourself at risk.

Know Your Numbers

Before negotiations, calculate how much the development will cost and its expected profits. This will provide clarity on what the deal is worth so you can better strengthen your negotiating position. It also enables you to negotiate who pays for what.

Cap Your Financial Exposure

If you’re contributing land or capital, you should try to negotiate for a limitation on an agreed-on amount so that you’re not unnecessarily putting yourself at risk.

Push for Milestones

Instead of only establishing project deadlines in the agreement, you should tie payments to specific milestones so that they’re connected to progress. This will also prevent ambiguity over when payments are required.

Clarify Decision-Making Authority

Both parties should discuss and agree on who will approve certain aspects of the arrangement, such as plan changes, prices, and additional costs. Consider major decisions that require both parties’ approval, such as changes to financing.

Get a Legal Review

It’s worthwhile to hire a lawyer to review your development agreement so that you can feel confident about what the agreement contains. This will enable you to better negotiate any unfavorable terms with the other party.

Use an online legal platform like ContractsCounsel to find a suitable lawyer to review your agreement. ContractsCounsel is one of the largest online legal marketplaces that connects you to a curated network of vetted lawyers.

To ask a lawyer to review your development agreement, here are the easy steps to follow:

  1. Go to the ContractsCounsel marketplace, where it’s free to post a request or project.
  2. Select ‘One-time project’ and ‘Contract review.’
  3. Post your project. Try to include a few details of what you need so you can match with suitable lawyers, such as specific agreement provisions you’d like checked by a lawyer.
  4. Wait for bids. You’ll receive multiple bids from lawyers on the platform who have the experience to help you.
  5. Review the lawyer data. The platform provides extensive lawyer information, such as the lawyers’ location, years of experience, expertise, and client ratings for previously published projects completed on the platform.
  6. Select a lawyer and hire them to review your development agreement for a flat fee.

Do You Need a Lawyer to Negotiate a Development Agreement?

It’s not always easy to know how to negotiate terms in a development agreement if you don’t have experience with the process. A lawyer will be able to help you in various ways during negotiations, such as by:

  • Reviewing the agreement to explain all terms and identify any missing information that could put you at risk. This will clarify what to negotiate.
  • Negotiating your rights and obligations so that you don’t leave anything vague that could put you at risk in future.
  • Checking that all financial arrangements are clearly defined and fair.
  • Ensuring that any one-sided or unfair terms are discussed with the other party so that they can be revised.
  • Helping you to plan for what happens if the project isn’t successful, such as regarding the money invested and the property.
  • Making any changes to the development agreement after negotiations, such as removing unbalanced clauses. They’ll ensure that all changes are put in writing and nothing is left to chance.

Where to Find a Lawyer for Development Agreement Negotiation

If you need to hire a lawyer to negotiate terms in your development agreement, you don’t have to wonder where to find a reputable and experienced one. By using an online legal platform such as ContractsCounsel, you’ll access a network of lawyers who can assist you with the negotiation process.

ContractsCounsel provides access to lawyers who have been vetted and possess the expertise and skills to negotiate contract terms on your behalf. This gives you peace of mind that you don’t need to navigate the negotiation process alone, and it increases your chances of having a successful outcome.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Meet some of our Lawyers

Paul M. on ContractsCounsel
View Paul
5.0 (22)
Member Since:
October 25, 2023

Paul M.

Ceo
Free Consultation
Providence, RI
21 Yrs Experience
Licensed in LA, MA, RI
Loyola New Orleans

Transactional attorney and corporate in house counsel for 15 years. Draft all types of contracts and employment agreements.

Recent  ContractsCounsel Client  Review:
5.0

"Paul was really great to work with. He was super responsive. I offered to give him more time to read my FDD and he had it done in under the time the website quoted. He gave me a thorough error up addressing all the issues. 10/10 would highly recommend."

Gregory B. on ContractsCounsel
View Gregory
5.0 (113)
Member Since:
October 18, 2021

Gregory B.

Attorney
Free Consultation
San Diego, CA
7 Yrs Experience
Licensed in CA
University of San Diego

I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.

Recent  ContractsCounsel Client  Review:
5.0

"Greg was very helpful and responsive. He not only provided insightful comments on the contract but also explained the reasoning behind them. Highly recommended, especially for software contracts."

Keidi C. on ContractsCounsel
View Keidi
5.0 (19)
Member Since:
August 25, 2021

Keidi C.

Principal Attorney
Free Consultation
Boston, MA
28 Yrs Experience
Licensed in MA, NY
New England Law | Boston

Keidi S. Carrington brings a wealth of legal knowledge and business experience in the financial services area with a particular focus on investment management. She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. Her work has included developing a mutual fund that invested in equity securities of listed real estate investment trusts (REITs) and other listed real estate companies; establishing private equity and hedge funds that help clients raise capital by preparing offering materials, negotiating with prospective investors, preparing partnership and LLC operating agreements and advising on and documenting management arrangements; advising on the establishment of Initial Coin Offerings (ICOs/Token Offerings) and counseling SEC registered and state investment advisers regarding organizational structure and compliance. Ms. Carrington is a graduate of Johns Hopkins University with a B.A. in International Relations. She earned her Juris Doctorate from New England Law | Boston and her LL.M. in Banking and Financial Law from Boston University School of Law. She is admitted to practice in Massachusetts and New York. Currently, her practice focuses on assisting investors, start-ups, small and mid-size businesses with their legal needs in the areas of corporate and securities law.

Recent  ContractsCounsel Client  Review:
5.0

"Received very meaningful advice and I hope to work with you in the future."

Rhea d. on ContractsCounsel
View Rhea
5.0 (83)
Member Since:
April 12, 2023

Rhea d.

Attorney
Free Consultation
San Francisco Bay Area, California
29 Yrs Experience
Licensed in CA, DC
University of Utah

Rhea de Aenlle is a business-savvy attorney with extensive experience in Privacy & Data Security (CIPP/US, CIPP/E), GDPR, CCPA, HIPAA, FERPA, Intellectual Property, and Commercial Contracts. She has over 25 years of legal experience as an in-house counsel, AM Law 100 firm associate, and a solo practice attorney. Rhea works with start-up and midsize technology companies.

Recent  ContractsCounsel Client  Review:
5.0

"Rhea is very knowledgeable, responsive, and a pleasure to work with. She provided excellent guidance throughout the MSA and BAA process, and I highly recommend her services."

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (612)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, Illinois
16 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Recent  ContractsCounsel Client  Review:
5.0

"Ryenne was wonderful to work with! She went through each section of my contract line by line with me and made sure I understood every aspect."

Ari G. on ContractsCounsel
View Ari
Member Since:
November 28, 2022

Ari G.

Of Counsel
Free Consultation
Ann Arbor, MI
5 Yrs Experience
Licensed in MI
University of Michigan

Ari is a transactional attorney with substantial experience serving clients in regulated industries. He has worked extensively with companies in regulated state cannabis markets on developing governance documents (LLC operating agreements, corporate bylaws, etc...), as well as drafting and negotiating all manner of business and real estate contracts.

Jessica F. on ContractsCounsel
View Jessica
Member Since:
January 24, 2023

Jessica F.

Solo Law Practice
Free Consultation
New York, New York
24 Yrs Experience
Licensed in NY
University of Dayton School of Law

I'm a knowledgable and experienced New York licensed attorney with strong contract drafting and negotiation skills, a sophisticated business acumen, and a background working in entertainment and technology law.

Find the best lawyer for your project

Browse Lawyers Now

See Real Development Services Agreement Projects

California Review Product Design and Development Contract Review
  • California
  • 5 lawyer bids
  • $390 - $1,499
View Details
Florida Change of contract from a Software SOW Agreement to a Project Management Agreement Drafting
  • Florida
  • 9 lawyer bids
  • $750 - $1,650
View Details
Illinois Draft a Master Service Agreement between a US consulting firm and a Brazilian software developer firm Drafting
  • Illinois
  • 5 lawyer bids
  • $350 - $1,250
View Details
Oregon Review Client Services Agreement Review
  • Oregon
  • 7 lawyer bids
  • $485 - $950
View Details
Illinois MSA and SOW Review for Dev Shop Contract Review
  • Illinois
  • 8 lawyer bids
  • $315 - $1,000
View Details
Texas Infrastructure (sewer line) development agreements for Commercial Building in Princeton TX Drafting
  • Texas
  • 3 lawyer bids
  • $700 - $2,000
View Details

See all Development Services Agreement projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Development Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 23,386 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers
DEVELOPMENT AGREEMENT NEGOTIATION LAWYERS BY CITY
See All Development Agreement Negotiation Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Development Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 23,386 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city