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A cost plus contract is an agreement where the Owner pays the Contractor for the actual costs of materials plus an additional fee for their services. In Michigan, this could involve the Contractor providing a detailed breakdown of expenses related to construction, which may include labor, equipment, and materials. This arrangement allows for flexibility in the project as costs can vary due to unforeseen circumstances. Key features include the identification of the scope of work, responsibilities for permits and insurance, and the requirement for written change orders for any modifications to the project. Filling and editing instructions entail ensuring that all sections specific to the project details, such as the scope and methods of payment, are accurately completed. This contract is particularly useful for professionals like attorneys, owners, and associates, as it clearly outlines the responsibilities and liabilities of each party. Paralegals and legal assistants can benefit from understanding this contract type to assist in negotiations and compliance. The form helps streamline the construction process by minimizing disputes over costs, ultimately protecting both the Owner and the Contractor.
As a general rule, if the owner hired whoever drafted the construction plans, or if whoever drafted the faulty plans is an employee or agent of the owner, it is the owner who will be liable for defective plans.
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