Webinars by Practice Area
Consortium Agreements and Collaboration Agreements – Avoiding The Pitfalls
Recorded on: 29/05/2020
This webinar will focus on Consortium Agreements (that is, agreements between developers, especially housebuilders, who are developing a site together or sharing a site) and Collaboration Agreements (that is, agreements between landowners who wish to develop their individual landholdings as a whole and enter into an agreement with a developer). There are serious pitfalls involved in these types of arrangements which this webinar will address.
The main points that will be covered include:
- What type of structure is best in the circumstances? Should the parties form a company or other artificial vehicle to carry out the development, or should they just enter into an agreement between themselves? Could such an agreement cause a partnership to be formed?
- Should the development site be held in joint names? If so, what are the issues that arise here?
- Should one party be appointed to carry out (parts of) the development on behalf of the others?
- What issues arise from agreements with the landowners (assuming that the developers do not yet own the land)?
- What issues arise in relation to s106 planning obligations?
- How should costs be dealt with?
- What about disputes between the parties?
- Tax issues
- What issues need to be covered between the landowners before a developer is found?
- What issues need to be covered between the landowners after a developer is found?
- Equalisation issues
- Should the landowners enter into individual agreements with the developer or a single joint agreement?
- Pitfalls – tax, collective investment schemes