The most common contingency is the home inspection contingency. This condition on an offer states the home sale will only be finalized if the property passes a professional home inspection. In other words, buyers can walk away from a home sale if the home inspection turns up serious problems.
A "contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
Contingent contracts usually occur when negotiating parties fail to reach an agreement. The contract is characterized as "contingent" because the terms are not final and are based on certain events or conditions occurring. A contingent contract can also be viewed as protection against a future change of plans.
A contingency clause should clearly outline the conditions, how the conditions are to be fulfilled, and which party is responsible for fulfilling them. The clause should also provide a timeframe for what happens if the condition is not met.
Contingency clauses help parties find common ground when they have divergent future expectations. However, they come with complexities and potential drawbacks, such as increased administrative overhead and the need for careful negotiation and drafting.
Home builders and remodelers usually allocate between 5% and 10% of a project budget for a construction contingency. This amount creates enough breathing room for unexpected costs. Anyone tracking estimates and costs manually will calculate a contingency percentage on top of all costs before profit margins are applied.
The most basic way to calculate a contingency reserve is to add a fixed percentage to the total project budget, known as the Flat Rate method. Alternatively, if different percentages are applied to unique budget line items, this would be called a Mixed Rate method to establish the reserve.
The contract is characterized as "contingent" because the terms are not final and are based on certain events or conditions occurring. A contingent contract can also be viewed as protection against a future change of plans.
This contingency is normally calculated as a percentage. If the phase is 100 days of effort, contingency at 20% would be another 20 days. As the project progresses, the level of risk reduces as the requirements and issues become known, so the percentage will be reduced.