California Home Improvement or Remodeling Construction Contract - Cost Plus Basis of Payment

State:
Multi-State
Control #:
US-02023BG
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Word
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Description

A cost-plus contract is one in which the purchaser agrees to pay the cost of all labor and materials plus an amount for contractor overhead and profit (usually as a percentage of the labor and material cost). This type of contract is often used when the scope of the work is undermined or highly uncertain and the kinds of labor, material and equipment needed are also uncertain. It is important that the contractor maintain complete records of all time and materials spent by the contractor on the work.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Home Improvement or Remodeling Construction Contract - Cost Plus Basis of Payment
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FAQ

Unlike a fixed-cost construction contract, a cost-plus construction agreement is a contract in which the owner pays the contractor the actual costs of the materials and labor plus an additional negotiated fee or percentage over that amount.

In a cost-plus contract, the customer pays for the actual labor and material cost to build the house, plus a fee to the builder to manage the process. Since mistakes are part of the process, the customer pays for the mistake (assuming the cause isn't blatant negligence by the contractor or builder).

When the parties are proactive in the formation and negotiation of the agreement, the cost-plus contract can be a beneficial contract for both parties.

Cost-plus contracts are the opposite of fixed-cost projects. Cost-plus contracts refer to a contract in which a fee over the cost is provided. In a cost-plus contract, a sum payable to the contractor is not fixed; rather, it is the total cost of the contract calculated at the end of the contract.

4 Dist.). California law distinguishes between pay-when-paid clauses and "pay-if-paid" clauses. Pay-if-paid clauses have been unenforceable for some time in California. However, if a clause is a pay-when-paid clause, it is enforceable, but only for reasonable time.

A prime example: Six states prohibit time and material (cost plus) contracts for home improvement work: California -- Business and Professions Code § 7159(d)(5).

Avoid paying in cash. Contractors cannot ask for a deposit of more than 10 percent of the total cost of the job or $1,000, whichever is less. (This applies to any home improvement project, including swimming pools.)

One party must make an offer and the other party must accept it. There must be a bargained for exchange of promises, meaning that something of value must be given in return for a promise. The terms of a contract must be sufficiently definite for a court to enforce them.

The contract should describe, in detail, the products to be used and how the work will be performed, i.e., size, color, who will be doing what work, amounts of materials provided, manufacturer model number, etc. There must be a detailed, written payment schedule in the contract.

Cost-plus contracts are generally used if the party drawing up the contract has budgetary restrictions or if the overall scope of the work can't be properly estimated in advance. In construction, cost-plus contracts are drawn up so contractors can be reimbursed for almost every expense actually incurred on a project.

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California Home Improvement or Remodeling Construction Contract - Cost Plus Basis of Payment