Cary North Carolina Construction Contract Cost Plus or Fixed Fee

State:
North Carolina
City:
Cary
Control #:
NC-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 North Carolina: scope of work, work site, warranty and insurance.

Cary, North Carolina Construction Contract Cost Plus or Fixed Fee: Understanding the Basics When undertaking a construction project in Cary, North Carolina, it is crucial to establish a comprehensive contract that outlines the financial aspect of the project. Two commonly used types of construction contracts are Cost Plus and Fixed Fee contracts. These agreements dictate how the costs associated with the project will be calculated and allocated between the parties involved. Let's delve deeper into each type: 1. Cost Plus Contract: A Cost Plus contract, sometimes referred to as a Cost Reimbursement contract, is designed to ensure that all expenses incurred during the construction process are covered. This agreement sets out that the contractor will be reimbursed for the actual costs incurred in addition to receiving a pre-determined fee or percentage of the project's cost. Key characteristics of Cost Plus contracts include: a) Transparency: Under this agreement, the client has full visibility of all project costs, including materials, labor, subcontractor fees, and overhead expenses. This transparency allows for better control over the project budget. b) Flexibility: Cost Plus contracts provide flexibility in situations where the scope of work is subject to change. If unexpected situations arise or additional work is required, the contractor can efficiently incorporate these changes and be compensated promptly. c) Auditable Documentation: To maintain transparency, the contractor is required to provide detailed documentation, including invoices, receipts, and timesheets, to validate the actual costs incurred. 2. Fixed Fee Contract: A Fixed Fee contract, also known as a Lump Sum contract, is a more traditional approach to construction contracting. In this agreement, the contractor quotes a predetermined fixed fee to complete the project, regardless of the actual costs incurred. Key features of Fixed Fee contracts include: a) Price Certainty: The client benefits from knowing the exact cost of the project upfront, offering greater certainty and predictability about the total expenses involved. b) Risk Allocation: With a Fixed Fee contract, the contractor bears the risk of any cost overruns or unforeseen issues that may arise during construction. It incentivizes the contractor to complete the project within the agreed budget. c) Clear Deliverables: The scope of work and services to be provided are typically well-defined in the contract, establishing clear expectations for both parties. There may also be variations or hybrids of these contracts, such as the Cost Plus with a Guaranteed Maximum Price (GMP) contract. GMP contracts cap the maximum amount the client must pay, even if the actual costs exceed the estimated budget. In conclusion, Cary, North Carolina Construction Contract Cost Plus or Fixed Fee contracts provide different approaches to allocate costs and determine project fees. Evaluating the specific needs of your construction project and consulting with legal professionals can help you determine the most suitable contract type.

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FAQ

A: As an example, a cost-plus contract may establish that the total estimated cost of a building project is $10 million plus a fixed fee of $1.5 million, roughly 15% of the total cost, as the contractor's profit. So the total expense to the buyer would be approximately $11.5 million ?the cost plus the fee.

Expenses may also include overhead, like research and development costs necessary to meet contractual goals. However, estimating errors, mistakes and costs incurred due to negligence are not covered in most cost-plus contracts. In some cases, the customer may request a cap on total chargeable expenses.

Cost plus is about as simple as it sounds. Retailers set shelf pricing for every item in the store at their cost ? the item, transportation and warehousing costs and labor to get it on the shelf ? and simply charge consumers 10% of their total basket at checkout.

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.

plusfixedfee contract is a costreimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work to be performed under the contract.

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.

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.

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.

A CPPC contract is one that is structured to pay the contractor his actual costs incurred on the contract plus a fixed percent for profit or overhead (that is not audited/adjusted) and which is applied to actual costs incurred.

As a rule of thumb, general contractors will charge between 10 and 20 percent of the total cost of your renovation or remodel. This rate will likely depend on the size and scope of your project, your geographic location, and the materials, labourers, and permits required for the job.

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Cary North Carolina Construction Contract Cost Plus or Fixed Fee