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Fixed Price, Cost Plus or Construction Management: Three Ways to Sign a Contract for a Vancouver Home or Multiplex

By Costar Construction

Frequently asked questions

What is the difference between a fixed price and a cost plus contract for a Vancouver custom home?

In a fixed price contract, the builder gives one price for all the work described in the contract, and the price changes only through a written change order. In a cost plus contract, you pay what the materials, labour and other expenses actually cost, plus a fee to the builder for managing the project. BC Housing's hiring guide says fixed price contracts are usually used for small, simple projects and cost plus contracts for more complex ones.

Who pays for cost overruns on a cost plus contract in BC?

The owner does. In a cost plus contract you pay the actual cost of the work, so when a material or a trade costs more than the estimate, your total goes up. That is why BC Housing recommends a contingency fund of 10 to 20 percent of the total project budget, and why the contract must say clearly what counts as a cost.

How is a builder's fee calculated on a cost plus contract?

BC Housing says the fee is often a percentage of the total cost. The Canadian Construction Documents Committee describes its CCDC 3 cost plus contract as actual costs plus a percentage or a fixed fee. With a percentage, the fee rises when the cost rises. With a fixed fee, the fee stays the same unless the contract changes it.

Does a construction manager for a new home in Vancouver need a builder licence?

Under BC's Homeowner Protection Act, a residential builder includes a person who manages 'all or substantially all' of the construction of a new home, and a residential builder must be licensed by BC Housing. So a company that manages the building of your new home as a construction manager falls under the licence rule. Check the licence on BC Housing's public registry before you sign.

What is a guaranteed maximum price in a construction contract?

It is an option the Canadian Construction Documents Committee lists for its CCDC 5B construction management contract. The work starts on an actual cost plus fee basis, and the parties may agree to set a guaranteed maximum price, to share cost savings, or to convert the contract to a stipulated price. Ask a construction lawyer to explain how your contract defines the maximum and what is left outside it.

What is an allowance in a home building contract?

An allowance is an amount written into the contract for part of the work that is not chosen or priced yet, such as light fixtures or tile. A McLennan Ross lawyer, writing about the CCDC 2 contract, explains that the owner pays more when the actual cost is higher than the allowance and gets a credit when it is lower. Ask for every allowance to be listed with what it covers.

Can I buy my own light fixtures on a cost plus contract to save money?

You can ask, but read the fee clause first. BC Housing's hiring guide gives this exact case: an owner buys the light fixtures directly to lower the cost the fee is based on, and the builder may still charge the fee as if it had bought them, because it still manages that work. Agree on this in writing before you buy anything.

Which CHBA BC sample contract can be used as cost plus or fixed price?

The Canadian Home Builders' Association of British Columbia sells a Renovation Agreement that it says may be used as a cost plus percentage, cost plus fixed fee or stipulated lump sum contract. It also sells a Construction Agreement, Construction Specifications, a Costing and Estimate sheet and a Change of Work Order form. A lawyer who works in construction law should read any contract before you sign it.

Sources

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