Construction Contract Cost Plus or Fixed Fee - New Mexico 2025

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A form of contract formerly used but now illegal for use by DoD that provided for a fee or profit as a specified percentage of the contractors actual cost of accomplishing the work to be performed. Sometimes referred to as a cost plus or percentage of cost contract.
Cost-plus contracts offer more flexibility for changing project scopes but result in less cost certainty for owners. Fixed-price contracts provide definitive cost predictability but with less flexibility.
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.
What are the advantages and disadvantages of a cost-plus contract? 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.
For cost-plus contracts (where the client agrees to pay all costs, plus a specific percentage margin to the builder), a common practice is costs plus 15 to 20 per cent margin, although there are some contracts which include a margin as small as 5 per cent. The builders margin may also be a fixed amount.
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Typically, under this contract type, the amount the homeowner will have to pay will be the actual costs incurred by the contractor (e.g. the amount a building contractor pays for materials and to their subcontractors) plus a percentage of those costs, or an added fee, to cover the contractors overheads and profit.
Many Cost-Plus Percentage Builders charge 20%30% for overhead costs. In the example above, if the cabinets come in 5K over budget and the plumbers come in 5K over budget, the client ends up spending an additional 12K the extra 2K being the builders fee.

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