Las Cruces New Mexico Construction Contract Cost Plus or Fixed Fee

State:
New Mexico
City:
Las Cruces
Control #:
NM-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 New Mexico: scope of work, work site, warranty and insurance.

Las Cruces, New Mexico Construction Contract Cost Plus or Fixed Fee Construction projects in Las Cruces, New Mexico often require a contractual agreement between the owner and the contractor. Two common types of construction contracts used in Las Cruces are Cost Plus and Fixed Fee contracts. 1. Cost Plus Contract: A Cost Plus contract is a type of construction agreement where the contractor is reimbursed for all the expenses incurred during the project, along with an agreed-upon profit margin. This contract type is often used when the scope of work is not well-defined, there are expected changes, or if there is uncertainty in the project's overall cost. In a Cost Plus contract, the owner covers the actual costs, including materials, labor, subcontractors, permits, and other project-related expenses. Additionally, the contractor is paid a predetermined percentage or fee on top of the total costs as a profit margin. This fee can be a percentage of the overall project cost or a fixed amount. 2. Fixed Fee Contract: A Fixed Fee contract, as the name suggests, involves a fixed price agreed upon between the owner and the contractor before the project begins. This contract type is commonly used when the scope and specifications of the project are well-defined and unlikely to change significantly. Under a Fixed Fee contract, the contractor takes responsibility for all project costs, including labor, materials, subcontractors, permits, and any other expenses. The predetermined fixed fee covers both the costs and the contractor's profit. It provides the owner with a clear and predictable cost structure, ensuring that the project is completed within the agreed-upon budget. It is worth noting that both Cost Plus and Fixed Fee contracts can have variations and additional clauses based on the project's specific requirements and the parties involved. These may include incentives for early completion, penalties for delays, clauses for change orders, dispute resolution processes, and more. When entering into a Las Cruces, New Mexico Construction Contract, it is crucial for both the owner and the contractor to carefully consider their needs, project specifications, and budget. Consulting with legal and construction professionals is highly advisable to draft a comprehensive contract that protects the interests of all parties involved. In summary, Las Cruces, New Mexico offers two common construction contract options: Cost Plus and Fixed Fee contracts. The Cost Plus contract allows for reimbursement of actual costs incurred by the contractor, along with an agreed-upon profit margin. On the other hand, a Fixed Fee contract involves a predetermined fixed price covering all project costs and the contractor's profit. Choosing the appropriate contract type depends on the project's complexity, budget, and expected changes.

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FAQ

Fixed-Price Contract vs Cost Plus Contract The Cost-Plus Contract price is not fixed and the Builder only has to give the Owner a reasonable estimate of the works. The estimate is ascertained by adding a profit margin to the actual cost of direct materials, labour and expenses.

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.

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.

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.

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.

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.

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.

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.

More info

Cost-Plus Contracts and Federal Long-Term Contracts . The client agrees to pay "at cost" for the contractor's materials, labor, and any other expenses.-Official Publication of the New Mexico Society of Architects, A. I. A.-. Permitting Fees are based upon type of construction, square footage, type of materials and construction costs. Items 9 - 15 — Las Cruces Elks Lodge - District 5 Vice-Chairman John Vasquez, will discuss.

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Las Cruces New Mexico Construction Contract Cost Plus or Fixed Fee