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 Ohio: scope of work, work site, warranty and insurance.
Dayton Ohio Construction Contract Cost Plus or Fixed Fee: In Dayton, Ohio, construction projects are typically governed by two main types of contracts: Cost Plus and Fixed Fee contracts. Both contract types have their own unique features and considerations, which play a crucial role in determining the financial aspects and obligations of the project. Let's explore each type in more detail: 1. Cost Plus Contract: A Cost Plus contract is an arrangement where the owner agrees to reimburse the contractor for the actual construction costs incurred, along with an additional fee or percentage markup. This fee covers the contractor's overheads, profit margin, and any other agreed-upon expenses. Cost Plus contracts often come in three variations: a. Cost Plus Fixed Fee: Under this type, the contractor and owner agree upon a fixed fee at the outset, which remains constant irrespective of the project's final cost. This fixed fee is a predetermined amount that covers the contractor's profit margin and overhead costs. However, any changes or deviations from the original scope, such as additional work or unforeseen expenses, may incur additional costs. b. Cost Plus Percentage Fee: In this variation, the contractor's fee is calculated as a percentage of the total project cost. For instance, if the agreed-upon percentage is 10% and the final project cost is $100,000, the contractor's fee would amount to $10,000. Similarly to the fixed fee type, any unforeseen expenses beyond the initial estimate may incur additional costs. c. Cost Plus Incentive Fee: This type of contract includes an incentive clause that encourages the contractor to complete the project within a set budget and schedule. If the project is completed under the budget, the contractor becomes eligible for an additional fee or a higher percentage on the savings. Conversely, if the project exceeds the budget, the contractor may need to absorb part or all of the additional costs. 2. Fixed Fee Contract: A Fixed Fee contract, also known as a lump sum contract, involves a prepared fixed amount for the entire project. Regardless of the actual costs incurred during construction, the contractor receives the agreed-upon sum, which includes their profit and overhead costs. However, any changes or unforeseen expenses typically require change orders that may impact the fixed fee. When deciding between Cost Plus or Fixed Fee contracts, it is essential to consider the project's nature, complexity, and potential risks. Factors such as project scope, budget constraints, and the level of certainty regarding potential changes should influence the choice of contract type. In summary, Dayton Ohio Construction Contracts can adopt either the Cost Plus or Fixed Fee structure. Cost Plus contracts may come as Cost Plus Fixed Fee, Cost Plus Percentage Fee, or Cost Plus Incentive Fee. On the other hand, Fixed Fee contracts involve a predetermined sum for the project. Understanding the nuances of each contract type will help facilitate a well-informed decision that aligns with the unique needs of the construction project.Dayton Ohio Construction Contract Cost Plus or Fixed Fee: In Dayton, Ohio, construction projects are typically governed by two main types of contracts: Cost Plus and Fixed Fee contracts. Both contract types have their own unique features and considerations, which play a crucial role in determining the financial aspects and obligations of the project. Let's explore each type in more detail: 1. Cost Plus Contract: A Cost Plus contract is an arrangement where the owner agrees to reimburse the contractor for the actual construction costs incurred, along with an additional fee or percentage markup. This fee covers the contractor's overheads, profit margin, and any other agreed-upon expenses. Cost Plus contracts often come in three variations: a. Cost Plus Fixed Fee: Under this type, the contractor and owner agree upon a fixed fee at the outset, which remains constant irrespective of the project's final cost. This fixed fee is a predetermined amount that covers the contractor's profit margin and overhead costs. However, any changes or deviations from the original scope, such as additional work or unforeseen expenses, may incur additional costs. b. Cost Plus Percentage Fee: In this variation, the contractor's fee is calculated as a percentage of the total project cost. For instance, if the agreed-upon percentage is 10% and the final project cost is $100,000, the contractor's fee would amount to $10,000. Similarly to the fixed fee type, any unforeseen expenses beyond the initial estimate may incur additional costs. c. Cost Plus Incentive Fee: This type of contract includes an incentive clause that encourages the contractor to complete the project within a set budget and schedule. If the project is completed under the budget, the contractor becomes eligible for an additional fee or a higher percentage on the savings. Conversely, if the project exceeds the budget, the contractor may need to absorb part or all of the additional costs. 2. Fixed Fee Contract: A Fixed Fee contract, also known as a lump sum contract, involves a prepared fixed amount for the entire project. Regardless of the actual costs incurred during construction, the contractor receives the agreed-upon sum, which includes their profit and overhead costs. However, any changes or unforeseen expenses typically require change orders that may impact the fixed fee. When deciding between Cost Plus or Fixed Fee contracts, it is essential to consider the project's nature, complexity, and potential risks. Factors such as project scope, budget constraints, and the level of certainty regarding potential changes should influence the choice of contract type. In summary, Dayton Ohio Construction Contracts can adopt either the Cost Plus or Fixed Fee structure. Cost Plus contracts may come as Cost Plus Fixed Fee, Cost Plus Percentage Fee, or Cost Plus Incentive Fee. On the other hand, Fixed Fee contracts involve a predetermined sum for the project. Understanding the nuances of each contract type will help facilitate a well-informed decision that aligns with the unique needs of the construction project.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
