Construction Contract Cost Plus or Fixed Fee - South Dakota 2026

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  1. Click ‘Get Form’ to open the Construction Contract in our editor.
  2. Begin by filling in the Contractor and Owner details at the top of the form, including names and addresses.
  3. In the 'SCOPE OF WORK' section, clearly describe the project, referencing any drawings or specifications that are part of this contract.
  4. Specify the 'WORK SITE' address where the project will take place, ensuring accuracy for legal purposes.
  5. Set a timeline for completion in the 'TIME OF COMPLETION' section, noting start and end dates.
  6. Indicate whether you are using a 'COST PLUS' or 'FIXED FEE' payment structure in the 'CONTRACT PRICE' section, and fill in the respective amounts.
  7. Review all sections for completeness and accuracy before saving your document.

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Cost plus construction contracts offer advantages like transparency, flexibility, and reduced contractor risk. They also come with drawbacks, including uncertain pricing, a higher administrative workload, and a greater risk of disputes.
A cost-plus-fixed-fee contract is a cost-reimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work to be performed under the contract.
A cost-plus contract is a construction agreement that requires reimbursement for project costs as well as a markup that covers the contractors overhead and profit. In other words, the name is a short-hand way of remembering what the contract covers: project costs plus contractor markup.
Most contracts have a cost-plus fee scale of 10-25%. A contractor would use takeoff software to calculate the materials costs, but they wouldnt need to be exact. Some companies use a cost-plus-fixed-fee (CPFF) instead of a percentage.
Benefits of a cost-plus fixed-fee contract They allow you to explore and adjust the scope, unlike firm-fixed-price contracts. CPFF contracts foster better communication between clients and contractors, especially when both parties must work closely to guarantee contract performance.

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