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The Cost Plus Fee Construction Contract in Middlesex is a legal document that outlines the agreement between a contractor and an owner for residential construction projects. It specifies the scope of work, which includes all labor and materials necessary for completing the project, as detailed in the attached plans and specifications. The contractor is responsible for obtaining necessary permits, while staff and soil conditions are addressed, emphasizing that any additional site work due to soil conditions is the owner's responsibility. The contract allows for changes to the scope of work, which must be documented through written change orders. The payment structure can be either cost plus a fixed fee, where the owner reimburses the actual costs incurred by the contractor plus an agreed sum, or a fixed fee for the complete project. The contract includes provisions for late payments, with a penalty for overdue amounts. Additionally, it outlines warranty limitations, covering only defects in workmanship for one year from completion. This contract is useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a clear framework for managing construction projects while ensuring compliance with local regulations and protecting the interests of both parties.
Protect Yourself when Working with Custom Home Builders Only work with a licensed contractor. Get the contract in writing. Avoid “lump sum” bids. Talk to several contractors. Tie payments to deliverables. Get proof of payment to suppliers.
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