Wichita Kansas Construction Contract Cost Plus or Fixed Fee

State:
Kansas
City:
Wichita
Control #:
KS-00462
Format:
Word; 
Rich Text
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Description

This form is a Construction Contract that may be executed with either a cost plus or fixed fee payment arrangement. The form contains the following additional subject matters and complies with the laws of the State of Kansas: scope of work, work site, warranty and insurance.

In Wichita, Kansas, construction projects are governed by various types of contracts, including the two popular options: Cost Plus and Fixed Fee contracts. These contracts outline the financial terms, responsibilities, and expectations of both the contractor and client. Understanding the differences between these contract types is crucial for anyone embarking on a construction project in Wichita. Here is a detailed description of each type: 1. Wichita Kansas Construction Contract Cost Plus: The Cost Plus contract is a pricing model where the client pays the actual cost of the project, including material, labor, and overhead costs. Additionally, a predetermined fee or percentage is added to cover the contractor's profit. This fee, often referred to as a "markup" or "cost-plus fee," is typically calculated based on the total project cost or individual elements of the project. For example, the contract may stipulate a 10% markup on materials and a 15% markup on labor, ensuring the contractor recoups their expenses and earns a profit. The Cost Plus contract is preferred when project details are uncertain or subject to change. It allows for flexibility, as adjustments to the scope of work can be accommodated without extensive revisions to the contract. Clients choosing this contract type typically have more involvement in decision-making and can benefit from cost savings if they actively manage project expenses. However, it is crucial to establish clear guidelines and monitor costs closely to prevent unexpected overruns. 2. Wichita Kansas Construction Contract Fixed Fee: The Fixed Fee contract, also known as a lump-sum contract, sets a predetermined and fixed amount for the entire project cost. This contract type requires the contractor to carefully estimate all project expenses in advance and include profit within the set amount. The contractor assumes the risk of any cost overruns or unexpected expenses. Consequently, the client benefits from a clearly defined budget and has fewer financial uncertainties. Fixed Fee contracts are favored when the project scope is well-defined, and the potential for significant changes is minimal. Clients who prefer a more hands-off approach may find this contract type appealing since it places the responsibility for budget adherence on the contractor. However, it is crucial for both parties to ensure that all project requirements and expectations are adequately documented in the contract to avoid misunderstandings or disputes later. In summary, when undertaking a construction project in Wichita, Kansas, clients have the option of choosing between a Cost Plus contract or a Fixed Fee contract. The Cost Plus contract provides flexibility and transparency by charging the actual project costs with an added fee for the contractor's profit. On the other hand, the Fixed Fee contract offers a predetermined amount for the project, providing clients with a specific budget and limited financial risk. Evaluating the project requirements, associated risks, and desired level of involvement will help in selecting the most suitable contract type for a successful construction endeavor in Wichita, Kansas.

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FAQ

plus contract is one in which the contractor is paid for all of a project's expenses plus an additional fee for the job.

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.

price contract sets the terms of a project and establishes the price of goods or services. It outlines exactly what the seller is required to do and the seller's obligations for a firm price. Fixedprice contracts are especially useful when a project's scope is easily determined from the beginning.

The construction contract price includes the direct project cost including field supervision expenses plus the markup imposed by contractors for general overhead expenses and profit. The factors influencing a facility price will vary by type of facility and location as well.

Cost plus fixed fee contracts can be used when both the contractor and the owner agree that the contractor is entitled to a fee in addition to the project expenses.

What Are the Differences Among Fixed Price and Cost Reimbursement Agreements? Fixed price (FP) agreements have fixed payments based on a milestone payment schedule or the submission of deliverables. Cost reimbursement (CR) agreements are paid as costs are incurred and invoiced, typically monthly or quarterly.

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.

Budget: A fixed-price contract is just that: fixed. The agreed-on price at the beginning of the project is the price at the end. Conversely, a cost-plus contract estimates a project's costs but doesn't set the final price until the project is completed.

The specific contract types range from firm-fixed-price, in which the contractor has full responsibility for the performance costs and resulting profit (or loss), to cost-plus-fixed-fee, in which the contractor has minimal responsibility for the performance costs and the negotiated fee (profit) is fixed.

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.

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Wichita Kansas Construction Contract Cost Plus or Fixed Fee