Kentucky Construction Contract for Home - Fixed Fee or Cost Plus

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US-00462
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Description

This form is a Construction Contract. The form contains the following subjects: scope of work, work site, and insurance. The contractor's warranty is limited to defects in workmanship within the scope of the work performed by the contractor.


What is a Construction contract agreement?


If you’re planning to build, renovate or reconstruct your house, you will need to enter into a contract for home construction with the building contractor, defining your mutual rights and responsibilities. This agreement contains project specifics, the contractor’s license and insurance details, the requested scope of work, etc. It may also determine the potential lien on the property should the work not be paid in full.


Types of construction contracts


Depending on the payment arrangements determined by parties, there are four basic types of home builders’ contracts:


1. Fixed price (or lump-sum) agreements set the price for the completed job right from the start. Although fixed, the document may also include provisions defining penalties (for example, if the constructor fails to finish the work on schedule).


2. Cost plus construction agreements set the price for the finished work based on building materials and labor with additionally mentioned “plus” (a percentage of the total costs or a fixed fee).


3. Time and material agreements set the price for the work without a “plus,” but the client pays the contractor a daily or hourly rate while they are under contract.


4. Unit-price agreements are standard in bidding, particularly for federal building projects. Both owner and contractor define the price that the contractor charges for a standard unit without any specific extra fees for other units.


The first two types of contract for home construction mentioned are the most popular ones. Let’s take a closer look at them.


Fixed price vs. cost-plus contract benefits


The fixed price agreement benefits owners more than builders, as it determines at the moment the parties seal the deal the exact price the contractor will get after they complete all the work. Builders risk not getting the estimated profits they initially anticipated, as expenses may increase significantly but remain the constructor’s responsibility.


The cost-plus construction deal contains the evaluation of the final project cost; however, it doesn’t determine the final contract price until the contractor completes all the work. Unlike the fixed-price agreement, it separates expenses and sets the profit rate (as a percentage of the final project cost or as a flat amount), so contractors prefer this type of agreement; it is riskier for homeowners.


Information you should provide in the construction contract agreement


The presented Construction Contract for Home is a universal multi-state construction contract template. This sample describes typical terms for a home building contract. Download a printable document version from our website or amend and fill it out online. Make sure to provide the following information:


• Name and contact details of the contractor and their license number;


• Name and contact details of the homeowner;


• Property legal description from county clerk’s records;


• Project description with blueprints and building specifications;


• Scope, description of work, and its estimated final dates;


• Costs of work and responsibilities of parties for any breach of contract.

A Kentucky Construction Contract for Home — Fixed Fee or Cost Plus is a legally binding agreement between a homeowner and a construction contractor for the construction or renovation of a residential property in the state of Kentucky. This contract specifies the terms, conditions, and obligations for both parties involved in the construction project. In a fixed fee contract, the contractor agrees to complete the construction project for a predetermined, fixed cost. This type of contract provides clarity for the homeowner regarding the overall budget. It ensures that the contractor is responsible for any additional costs that arise during the construction process, unless caused by changes or modifications requested by the homeowner. Fixed fee contracts are commonly used for smaller residential construction projects where the scope of work is well-defined and anticipated costs are relatively stable. On the other hand, a cost-plus contract, also known as a time and materials contract, involves the reimbursement of the contractor's actual costs plus an agreed-upon fee or percentage for their services. This type of contract is often utilized for larger, more complex projects where the scope of work and potential unforeseen expenses are uncertain. The cost-plus contract allows for flexibility in changing project conditions, such as unexpected material price increases or regulatory changes. However, it puts more financial risk on the homeowner, as they will be responsible for covering any additional costs incurred during the project. It is important to note that there may be variations or customized versions of these contract types, depending on the specific needs and requirements of the construction project. Some contracts may combine elements of both fixed fee and cost-plus approaches to provide a balanced solution for both parties. Keywords: Kentucky Construction Contract, Home, Fixed Fee, Cost Plus, Residential Property, Renovation, Terms, Conditions, Obligations, Contract Types, Fixed Cost, Budget, Additional Costs, Changes, Modifications, Time and Materials, Reimbursement, Fee, Percentage, Flexibility, Unforeseen Expenses, Financial Risk, Customization.

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FAQ

In a cost-plus contract, the profit is calculated separately before construction and written into the contract as an additional fee. A fixed-price contract establishes a single lump sum cost for a construction project upfront.

Disadvantages of cost-plus fixed-fee contracts may include: The final, overall cost may not be very clear at the beginning of negotiations. May require additional administration or oversight of the project to ensure that the contractor is factoring in the various cost factors.

Fixed-price contracts tend to be best suited for when a project's scope can be clearly determined upfront, and the costs of the materials and labor needed to meet the contract's terms can be estimated with reasonable certainty.

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.

A cost plus arrangement is better for homeowners who are less concerned with budget and more motivated by the builders reputation. They are comfortable with more unknowns about the construction of their house.

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.

(also fixed fee) an amount that is charged or paid that does not change according to the amount of work done, or the number of times something is used: She agreed to do the work for a flat fee, rather than charge an hourly rate.

Advantages and Disadvantages of Using Cost-Plus ContractsThey eliminate some risk for the contractor. They allow the focus to shift from the overall cost to the quality of work being done. They cover all the expenses related to the project, so there are no surprises.

Under a fixed price contract, there is the risk that the costs will be greater than the price and thus the contractor will take a loss. For the buyer, the cost plus contract offers a better product since the contractor has no incentive to cut costs on lower end materials.

Cost Plus Contract Disadvantages For the buyer, the major disadvantage of this type of contract is the risk for paying much more than expected on materials. The contractor also has less incentive to be efficient since they will profit either way.

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By JS Ferrell · 1962 ? productive nature in actually completing the construction, as dis-from a "cost-plus-a-fixed-fee contract" where the agreement is to do work. In construction bidding, price is always a key consideration.IDIQ contracts cover an unknown amount of services over a set period of ...Sept 28, 2021 ? These contracts cover both direct and indirect costs in addition to the profitCost plus vs. fixed price construction contracts. A construction contract is an agreement between two parties that specifies theFixed price: A contract that includes a set price or lump sum fee for all ... In fact, home improvement and construction projects took the #1With fixed fee contracts, your contractor is capped at a certain fee and ... 24 · Material Escalation Most jobs contractors bid on are based on a ?fixed price?. . So, what happens when certain material prices on a ... Cost-plus-a-fixed-fee. In this scenario, the contractor bills the client for direct costs, plus a fixed fee for overhead and profit. In this case, the ... Most all construction contracts have a "changes in the work"The contractor prepares a "change order proposal" quoting a price for the ... Includes lump sum, cost plus, and time-and- materials contracts; andbecause the property is to be used in fulfilling a construction contract with the ... Generally, work is done under a signed written agreement with your customer that lays out the terms of the work to be done, the type of materials to be used, ...

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Kentucky Construction Contract for Home - Fixed Fee or Cost Plus