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Glossary

Fixed Price Building Contract

Fixed-Price Building Contract is a construction contract where the total payment is agreed upon in advance and remains fixed, regardless of the actual time, labor, or resources used by the contractor.

Topic: 
Construction Contracts
Date posted: 
March 21, 2025
Date updated: 
March 24, 2025

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What is a Fixed Price Building Contract?

A fixed-price building contract is a construction agreement where the contractor commits to completing the project for a predetermined price, regardless of actual costs. This contract type provides cost certainty for the client, as any overruns typically fall on the contractor unless variations are agreed upon.

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Fixed Price Building Contract Meaning

A fixed price building contract (also called Lump Sum Contract) is a construction agreement where the total project cost is determined and agreed upon before work begins. This price remains unchanged regardless of actual labor, materials, or project duration, except for approved variations. The contractor is responsible for delivering the project within the fixed cost, assuming the financial risk of cost overruns.

How a Fixed Price Building Contract Works

A fixed price building contract sets a predetermined amount for construction work before the project begins. Unlike cost-plus or time and materials contracts, this model provides financial certainty for owners by locking in the total cost upfront.

This contract structure is commonly used in construction projects where scope, timeline, and costs are well-defined upfront. Once signed, the contractor must deliver the project within the agreed price, making accurate cost estimation essential.

Any unexpected expenses, such as material price fluctuations or unforeseen site conditions, fall on the contractor unless specific clauses allow adjustments. While fixed price contracts help with budgeting and risk management, careful scoping is essential to avoid disputes over variations.

Key Features of a Fixed Price Building Contract

  • Predefined Costs: The contract establishes a set price for the entire project.
  • Limited Cost Adjustments: Changes to the contract price are only allowed under specific circumstances, such as approved variations.
  • Risk Allocation: The contractor bears financial risk if costs exceed expectations.
  • Clear Scope of Work: Detailed project specifications help prevent disputes over inclusions and exclusions.

Benefits of a Fixed Price Building Contract

  • Cost Certainty: Owners know the project price upfront, aiding in budget planning.
  • Simplicity: A straightforward payment structure reduces administrative complexity.
  • Incentivizes Efficiency: Contractors are motivated to manage costs effectively to maintain profitability.

Potential Drawbacks

  • Limited Flexibility: Changes to project scope often require renegotiation.
  • Higher Contractor Margins: Contractors may include a buffer in their pricing to account for unforeseen risks.
  • Risk of Disputes: Poorly defined scope can lead to disagreements over variations.

Fixed price building contracts are a popular choice for projects where budget certainty is a priority. However, careful contract drafting and a well-defined scope are essential to avoid disputes and unexpected costs.

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