This document is an agreement between a general contractor and a client that outlines
the terms of service. The agreement contains provisions regarding pricing, timing of the
project, insurance issues, and many other customizable features. This particular
agreement is a cost plus fee agreement whereby the contractor charges a flat fee for
materials and labor as well as fees for the contractor's services. This document is ideal
for general contractors or for individuals and entities that want to employ the services of
a general contractor to complete a specific construction project on a cost plus fee basis.
GENERAL CONTRACTOR COST PLUS FEE CONTRACT
This General Contractor Cost Plus Fee Contract (this “Contract”) is hereby entered into
on this ______ day of ________, __________ by and between _____________________
(“Client”) and _________________ (“General Contractor”).
ARTICLE 1
CONTRACT DOCUMENTS
The Contract Documents shall be comprised of the following: the Construction Contract,
Conditions of the Contract, Addenda, Drawings, Photos or other visual representations of the
proposed work, and any attached written Modifications to this Contract, properly signed and
witnessed.
This Contract, itself, is representative of the whole and complete agreement between
Client and General Contractor and supersedes all prior oral and written agreements. This
Contract and is modifiable only by the properly documented written consent of both parties.
ARTICLE 2
SERVICES AND LABOR
General Contractor agrees to provide all necessary services, materials and labor necessary
for the completion of: _______________________ [Project description] (the “Project”). This
includes building and construction materials, requisite labor and site security, and all necessary
tools and machinery needed for Project completion. All construction materials should be new
and of the highest quality, unless previously specified by Client.
ARTICLE 3
SCHEDULE AND TIME OF PERFORMANCE
General Contractor shall begin work on _________ to be completed by ___________
(the “Deadline Date”).
As this Project is time sensitive, General Contractor shall be assessed a fee of
___________ dollars ($__) per day that work is not completed after the Deadline Date, unless
Client consents to a specified extension. Additional damages shall be assessed and liquidated
damages shall be deducted from the total payment amount due to General Contractor under the
payment schedule specified in this Contract.
ARTICLE 4
GENERAL CONTRACTOR’S FEE
In consideration of the performance of this Contract, Client agrees to pay General
Contractor a fee for the services as follows: [Phases/stages can be modified as necessary to fit
Project specifications].
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For the performance of the design phase services, General Contractor shall receive a fee
of ___________ dollars ($__).
For work or services performed during the design phase, General Contractor shall receive
a fee of ___________ dollars ($__).
For work or services performed during the construction phase, General Contractor shall
receive a fee of ___________ dollars ($__).
At work completion General Contractor shall receive a fee of ___________ dollars ($__).
Fees shall only be adjusted upon the mutual consent of both parties due to unforeseen
events and if the parameters of the work are expended materially beyond the terms of this
Contract. This Contract and associated fees shall be modified accordingly.
ARTICLE 5
PROJECT COST
Pursuant to the terms of this Contract, the Project cost shall be defined as charges for
services provided by General Contractor and costs incurred for the Project during the design and
construction phase as paid by General Contractor.
Client agrees to pay General Contractor the Project cost as defined above in addition to
the fees detailed in Article 3.
Cost items include General Contractor’s direct personnel expenses, reasonable
transportation and traveling, moving and subsistence costs of General Contractor and General
Contractor’s officers or employees as are necessary for the services outlined in this Contract, all
supplies, equipment, and materials required for and incorporated into the Project, including
associated transportation and storage costs, all necessary payments made by the construction
manager to the trade contractors for work performed under their contract for work necessary to
the completion of this Contract, costs of all materials, supplies, temporary facilities, vehicles, and
equipment necessary to the completion of this Contract, costs of all rental equipment necessary
to the completion of this Contract, and costs of all insurance, bonds, licenses, permits and sales,
use, and gross receipts taxes that General Contractor is required to possess for the completion of
this Contract. [Specify additional costs as needed]
ARTICLE 6
COMPLETION
General Contractor sets the following schedule for work completion, with various Project
stages to be completed on specified dates. [Insert Pro