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.
San Jose, California Construction Contract for Home — Fixed Fee or Cost Plus: A Comprehensive Guide When undertaking a residential construction project in San Jose, California, it is crucial to have a well-defined and legally binding construction contract in place. Two commonly used contract types for home construction in the San Jose area are the Fixed Fee and Cost Plus contracts. Let's explore each in detail: 1. Fixed Fee Contract: A Fixed Fee Contract, as the name suggests, involves a predetermined and fixed sum of money to be paid by the homeowner to the contractor for the completion of the project. This type of contract is particularly suitable for projects with clear scopes of work, well-defined budgets, and predictable timelines. In a Fixed Fee Contract, the contractor takes on the responsibility of managing the project and completing all necessary work within the specified budget. Any potential cost overruns are typically shouldered by the contractor, unless otherwise specified in the contractual agreement. Keywords: San Jose California, construction contract, home construction, fixed fee contract, predetermined sum, clear scopes of work, well-defined budgets, predictable timelines, project management. 2. Cost Plus Contract: In contrast to the Fixed Fee contract, a Cost Plus Contract, also known as a Cost-Plus-Fee contract, entails the reimbursement of the actual costs incurred by the contractor during the construction process, along with an additional fee or percentage to cover their overheads and profit margin. This contract type allows for greater flexibility, making it suitable for projects with uncertain scopes, changing conditions, or when specific construction details are not fully known at the outset. It enables the homeowner to have direct visibility into the project's costs and offers transparency. However, it also means that the homeowner assumes the risk of cost overruns, as they are responsible for covering any additional expenses incurred beyond the initial budget. Keywords: San Jose California, construction contract, home construction, cost plus contract, reimbursement of costs, additional fee, flexibility, uncertain scopes, changing conditions, transparency. Other Contract Considerations: Additionally, both Fixed Fee and Cost Plus contracts may include clauses pertaining to project timelines, warranties, insurance requirements, dispute resolution mechanisms, change order procedures, and scope variations. It is highly recommended consulting with legal professionals experienced in construction law to ensure all necessary clauses and details are included to protect both parties' interests. In conclusion, when engaging in a residential construction project in San Jose, California, homeowner and contractor alike must carefully consider the choice between a Fixed Fee or Cost Plus contract. Each contract type holds its distinct advantages and considerations, and selecting the appropriate one can pave the way for a successful construction journey.San Jose, California Construction Contract for Home — Fixed Fee or Cost Plus: A Comprehensive Guide When undertaking a residential construction project in San Jose, California, it is crucial to have a well-defined and legally binding construction contract in place. Two commonly used contract types for home construction in the San Jose area are the Fixed Fee and Cost Plus contracts. Let's explore each in detail: 1. Fixed Fee Contract: A Fixed Fee Contract, as the name suggests, involves a predetermined and fixed sum of money to be paid by the homeowner to the contractor for the completion of the project. This type of contract is particularly suitable for projects with clear scopes of work, well-defined budgets, and predictable timelines. In a Fixed Fee Contract, the contractor takes on the responsibility of managing the project and completing all necessary work within the specified budget. Any potential cost overruns are typically shouldered by the contractor, unless otherwise specified in the contractual agreement. Keywords: San Jose California, construction contract, home construction, fixed fee contract, predetermined sum, clear scopes of work, well-defined budgets, predictable timelines, project management. 2. Cost Plus Contract: In contrast to the Fixed Fee contract, a Cost Plus Contract, also known as a Cost-Plus-Fee contract, entails the reimbursement of the actual costs incurred by the contractor during the construction process, along with an additional fee or percentage to cover their overheads and profit margin. This contract type allows for greater flexibility, making it suitable for projects with uncertain scopes, changing conditions, or when specific construction details are not fully known at the outset. It enables the homeowner to have direct visibility into the project's costs and offers transparency. However, it also means that the homeowner assumes the risk of cost overruns, as they are responsible for covering any additional expenses incurred beyond the initial budget. Keywords: San Jose California, construction contract, home construction, cost plus contract, reimbursement of costs, additional fee, flexibility, uncertain scopes, changing conditions, transparency. Other Contract Considerations: Additionally, both Fixed Fee and Cost Plus contracts may include clauses pertaining to project timelines, warranties, insurance requirements, dispute resolution mechanisms, change order procedures, and scope variations. It is highly recommended consulting with legal professionals experienced in construction law to ensure all necessary clauses and details are included to protect both parties' interests. In conclusion, when engaging in a residential construction project in San Jose, California, homeowner and contractor alike must carefully consider the choice between a Fixed Fee or Cost Plus contract. Each contract type holds its distinct advantages and considerations, and selecting the appropriate one can pave the way for a successful construction journey.
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.
