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 South Carolina Construction Contract for Home refers to a legally binding agreement made between a homeowner and a contractor for the construction or renovation of a residential property in the state of South Carolina. This contract is primarily used to outline the scope of work, project timelines, payment terms, and other important details necessary to ensure a smooth construction process. There are two common types of South Carolina Construction Contracts for Home — Fixed Fee and Cost Plus. 1. Fixed Fee Contract: Also known as a lump sum contract, this type of agreement sets a predetermined total cost for the entire project. The fixed fee encompasses all labor, materials, and any additional expenses associated with the construction or renovation. This contract is suitable when the project has a well-defined scope of work and both parties have a clear understanding of what needs to be accomplished. It eliminates uncertainties related to costs, making it easier for homeowners to budget for the construction project. 2. Cost Plus Contract: In contrast to the fixed fee contract, a cost-plus contract involves billing the homeowner for the actual costs incurred during construction plus an agreed-upon fee or percentage to cover the contractor's profit. Costs in this type of contract may include labor, materials, subcontractor fees, permits, and any other expenses directly associated with the project. Unlike fixed fee contracts, cost plus contracts are useful when the scope of work is variable or unpredictable, making it difficult to determine the exact cost upfront. This contract type provides the homeowner with transparency regarding the costs incurred during construction. Both fixed fee and cost plus contracts should cover essential aspects such as project duration, payment schedule, warranties, insurance requirements, change order procedures, penalties for delays, dispute resolution methods, and any other relevant terms to protect both the homeowner's and contractor's interests. It is crucial for both parties to thoroughly review, understand, and negotiate the terms of the contract before signing it. Seeking legal advice from a construction attorney is advisable to ensure that the contract is comprehensive, compliant with South Carolina laws, and protects the interests of both parties involved in the construction project.
