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Subject:
differences between fixed price and cost type
Category: Reference, Education and News Asked by: reddie2-ga List Price: $2.00 |
Posted:
30 Mar 2005 11:02 PST
Expires: 29 Apr 2005 12:02 PDT Question ID: 502752 |
What are the differences between the provisions of the changes clause for fixed price and cost type contracts? |
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Subject:
Re: differences between fixed price and cost type
Answered By: weisstho-ga on 02 Apr 2005 21:27 PST |
Hey again! There probably aren't any differences in a well drafted and "fair" contract. Certainly, from the owner's perspective, a fixed price contract will encompass changes and the contractor will not be separately compensated for those changes. But there has to be a limit and that limit must be expressed in the Changes/Modifications section of the contract. Even in a time and material job, there may be a different basis for charging for changes - for example, it wouldn't be unusual to imagine a situation where the basic rate for the work is, say, $35/hour for the base job, but changes could have a different rate - examples (1) since all the men and equipment are there a rate of $28 may make sense for increased work; but then again (2) perhaps since the changes would be in a technical and costly area (finish woodworking) the rate for changes in that area may be $45/hour. An ideal modifications/change order clause would be based upon an underlying contract that adequately identifies the work that is going to be done - with a high degree of specificity - and indicates the specific trades and the rates of compensation and mark-ups for material for any change orders. This would apply to either a fixed price or a time and material job. How am I doing? Additional questions - hit the clarification key!! weisstho |
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Subject:
Re: differences between fixed price and cost type
From: jack_of_few_trades-ga on 30 Mar 2005 12:21 PST |
The fixed price contract is easy. The contract is signed specifying an exact amount of money that will be given for the work. The "cost type contract" as you called it usually shows a ballpark figure of the expected amount of money, but there is a clause in it that says that the actual amount will be dependant on the actual costs that the contractor faces. This type of contract takes the risk out of the deal for the contractor. He is guaranteed either a percentage of the money (ie 10% over costs) or a fixed amount of money (ie $15,000 over costs) as his profit. These contracts legally must have limits, because the government is not allowed to owe an indefinate amount of money to anyone (a contract could potentially bankrupt the government without such a clause). |
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