Eugene Oregon Construction Contract Cost Plus or Fixed Fee

State:
Oregon
City:
Eugene
Control #:
OR-00462
Format:
Word; 
Rich Text
Instant download

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 Oregon: scope of work, work site, warranty and insurance.

Eugene, Oregon Construction Contract: Cost Plus or Fixed Fee In Eugene, Oregon, construction contracts often come in two main types: Cost Plus and Fixed Fee. These contracts lay the foundation for any construction project, outlining the financial agreement between the contractor and the owner. Understanding the intricacies of both options is crucial for clients embarking on construction projects in Eugene, Oregon. Cost Plus Contract: A Cost Plus contract is a payment structure where the contractor charges the client for the actual costs incurred during the construction process. The total cost includes the actual expenses of materials, labor, equipment, and subcontractors, along with an agreed-upon percentage or fee that covers the contractor's overhead and profit. This type of contract is often beneficial for clients who want transparency during the construction process and are willing to pay more for the flexibility it provides. There are different variants of Cost Plus contracts available in Eugene, Oregon, including: 1. Cost Plus Fixed Percentage Fee: In this type of contract, the contractor's fee is a fixed percentage of the total project costs. For instance, if the agreed-upon percentage is 10% and the total construction project costs reach $100,000, the contractor's fee would amount to $10,000. 2. Cost Plus Fixed Fee: With a Cost Plus Fixed Fee contract, the contractor receives a predetermined flat fee for their services, regardless of the project's overall costs. This fee is typically determined through negotiation between the client and contractor and takes into account the complexity, scope, and size of the project. Fixed Fee Contract: A Fixed Fee contract, as the name implies, establishes a specific fixed amount that the contractor will charge the client for completing the construction project. The contractor is responsible for managing the costs and risks associated with the project, allowing the client more predictability regarding the total expense. This type of contract is advantageous for clients who prefer to have a more certain budget and don't want to be responsible for cost fluctuations. Additional considerations for Eugene, Oregon construction contracts: 1. Timeframe: Whether opting for a Cost Plus or Fixed Fee contract, it is essential to establish a timeframe for the completion of the construction project. Setting realistic deadlines ensures that both parties are on the same page and can plan accordingly. 2. Change Orders: Potential change orders, which involve modifications to the original agreement, should be addressed in the construction contract. These may arise due to unforeseen circumstances, adjustments in specifications, or unexpected construction challenges. Clear communication and documentation of change orders are vital to avoid disputes and additional costs. 3. Legal Compliance: Ensuring that the construction contract complies with all relevant laws and regulations is crucial. Local building codes and permits specific to Eugene, Oregon, need to be considered to avoid legal complications and penalties. In conclusion, whether opting for a Cost Plus or Fixed Fee contract, Eugene, Oregon construction contracts require careful consideration of factors such as budget, project complexity, and client preferences. By understanding the differences between these types of contracts and considering the specific project requirements, clients can select the most suitable option for their construction needs.

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FAQ

There are three basic types of pricing arrangements in construction contracts: (1) stipulated sum (also known as fixed price or lump sum), (2) cost plus (with or without a guaranteed maximum or not-to-exceed price), and (3) unit price.

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.

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.

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.

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.

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 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 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.

fixedprice contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.

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Eugene Oregon Construction Contract Cost Plus or Fixed Fee