Cost Plus Fixed Fee Contract (Long form - Comprehensive)
Date:
Construction Company
Address:
Owner:
Address:
Phone Number:
Project name:
This agreement is made this ___________ day of ___________, 20 __. between _____________, the owner, and ______________, the contractor. The owner and the contractor agree as set forth below:
1. The contractor accepts the relationship of trust and confidence established between his company and the owner by this agreement. He covenants with the owner to furnish his best skill and judgment in furthering the interest of the owner. He agrees to furnish efficient business administration and supervision and to use his best efforts to furnish at all times an adequate supply of workers and materials, and to perform the work in a most expeditious, economical and workmanlike manner.
2. The work to be performed under this contract shall start on the date ____________.
The contractor shall use his best efforts to complete said work of improvement on or before ____________.
3. The owner agrees to reimburse the contractor for the direct "cost of the work" as defined in paragraph 6 below. Such reimbursement shall be in addition to the contractor's fee stipulated in paragraph 4.
4. In consideration of the performance of the contract, the owner agrees to pay the contractor as compensation for his services a contractor's fee as follows:
All costs incurred over total project length paid as per paragraph 11, plus a fixed fee of ______ per ______.
5. The scope of the work shall consist of the "categories of work" described on the estimate attached hereto. The estimate is attached solely for the purpose of describing the category of work. The pricing on the estimate shall have no bearing on the cost of the work.
6. The term "cost of work" shall mean costs necessarily and reasonably incurred in the performance of the work and actually paid by the Contractor, including all costs incurred due to changes and extras not listed on...
(Excerpt)
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