Construction Contract Cost Plus or Fixed Fee - Maine 2025

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This document is a construction contract between a Contractor and an Owner, outlining the terms and conditions for a construction project. It details the scope of work, work site, time of completion, permits, insurance requirements, payment structure, changes to the scope of work, and dispute resolution methods. The contract emphasizes the responsibilities of both parties regarding soil conditions, late payments, destruction or damage to the project, and warranties. Additionally, it includes statutory notices about consumer rights in home construction in Maine.

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What is cost-plus percentage of cost contracts?

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.

What are the requirements for a construction contract in Maine?

Any home construction contract for more than $3,000 in materials or labor must be in writing and must be signed by both the home construction contractor and the homeowner or lessee. Both the contractor and the homeowner or lessee must receive a copy of the executed contract prior to any work performance.

What is the margin on a cost-plus contract?

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.

Is cost-plus percentage of cost illegal?

Breadcrumb. 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.

What percentage do contractors charge for cost-plus?

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.

When to use cost-plus fixed fee?

This contract is often used when the scope of the work cannot be precisely defined at the time of the agreement, and there are doubts about potential changes and variations in the course of the project. In a CPFF contract, the buyer agrees to reimburse the supplier for the allowable costs of the project.

What is the percentage of cost-plus in construction contracts?

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 is the difference between a fixed price contract and a cost-plus contract?

A cost plus contract guarantees profit for the contractor. It is stated in the contract that the contractor will be reimbursed for all costs and still generate a profit. Conversely, a fixed price contract establishes a projects price beforehand.

Construction Contract Cost Plus or Fixed Fee - Maine 2025

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