Cost Plus Contracts: Cost-plus Percentage, Cost-plus Fixed Fee in Tender and Contract

Cost Plus contracts are a type of contract where the contractor is paid for all project costs incurred, plus an additional fee for their profit. These contracts are often used in construction projects where the scope is uncertain or may change over time. The fee can either be a percentage of the costs (cost-plus percentage) or a fixed amount (cost-plus fixed fee). This tutorial explores the features of Cost Plus contracts, the difference between cost-plus percentage and cost-plus fixed fee, and real-world examples to illustrate how these contracts work.

1. Features of Cost Plus Contracts

Cost Plus contracts have distinct features that make them suitable for projects with uncertain or changing scopes. The key features are as follows:

• Reimbursement of Costs: The contractor is reimbursed for the actual costs incurred during the project, including materials, labor, equipment, and overheads.
• Additional Fee: In addition to the reimbursement of costs, the contractor is paid a fee for their services. This fee can be a percentage of the total costs (cost-plus percentage) or a fixed amount (cost-plus fixed fee).
• Risk Sharing: The client assumes the risk of cost overruns, as the contractor is reimbursed for all expenses. However, the client may also benefit from the contractor's efficient use of resources if the costs are controlled well.
• Flexibility in Scope: Cost Plus contracts are ideal for projects with unclear or changing scopes, as the client is not locked into a fixed price from the outset.

2. Types of Cost Plus Contracts

There are two common variations of Cost Plus contracts:

• Cost-plus Percentage: The contractor is reimbursed for actual costs and paid a percentage of those costs as a fee. The percentage is usually agreed upon at the start of the project.
• Cost-plus Fixed Fee: The contractor is reimbursed for actual costs and paid a fixed fee for their services, regardless of the total costs incurred. The fixed fee is usually agreed upon upfront.

Real-World Example of Cost-plus Percentage Contract:

A real-world example of a Cost-plus Percentage contract can be seen in the construction of a luxury hotel. The project has a flexible scope as the owner may decide to add extra features or adjust the design during construction. Given the uncertainty in the project's final cost, the owner and contractor agree to a Cost-plus Percentage contract.

The contract specifies that the contractor will be reimbursed for all construction costs (materials, labor, etc.) and paid 10% of those costs as a fee. For example, if the construction costs amount to $10 million, the contractor will be reimbursed $10 million and paid a fee of $1 million (10% of $10 million), bringing the total payment to $11 million.

If the costs increase due to scope changes or unforeseen conditions, the total payment to the contractor increases proportionally. Conversely, if the costs decrease, the contractor's fee decreases as well, maintaining the agreed-upon percentage.

Real-World Example of Cost-plus Fixed Fee Contract:

Another example is a government project to construct a new bridge. The scope of the project is defined, but there is a risk of unexpected costs due to site conditions. The government and contractor agree to a Cost-plus Fixed Fee contract to mitigate this risk. In this case, the contractor is reimbursed for all actual costs and receives a fixed fee of $500,000 for their services, regardless of the total costs incurred during construction.

If the final project cost is $8 million, the contractor will be reimbursed for $8 million in costs and paid the fixed fee of $500,000, making the total payment $8.5 million. If the project cost is higher than expected, the contractor still receives the same fixed fee of $500,000, but if the cost is lower, the contractor is still paid the agreed-upon fee.

Advantages of Cost Plus Contracts

Cost Plus contracts offer several advantages for both contractors and clients:

• Flexibility: Cost Plus contracts are ideal for projects with uncertain or evolving scopes, allowing for changes to be made without the need to renegotiate the entire contract.
• Transparency: The client can track the actual costs of the project and verify the expenses incurred by the contractor, ensuring transparency.
• Risk Sharing: The contractor is not burdened with the risk of unforeseen cost increases, and the client only pays for the actual costs incurred.
• Incentive for Quality: Since the contractor is reimbursed for actual costs, they may focus on delivering quality work without the pressure of sticking to a fixed price.

Disadvantages of Cost Plus Contracts

While Cost Plus contracts offer many benefits, they also come with certain risks and disadvantages:

• Potential for Cost Overruns: Since the contractor is reimbursed for actual costs, there is less incentive for cost control, which may lead to higher-than-expected costs for the client.
• Client Oversight Required: The client must closely monitor costs and ensure that the contractor is not inflating expenses or making unnecessary expenditures.
• Uncertainty in Total Costs: The total cost of the project is unknown at the outset and can fluctuate depending on the scope changes and project conditions, which can make budgeting challenging.

Conclusion

Cost Plus contracts, whether based on a percentage of costs or a fixed fee, are an excellent option for projects with uncertain scopes or potential changes. These contracts provide flexibility for both parties, as they allow for scope adjustments without renegotiating the entire contract. However, they also come with risks, such as potential cost overruns and the need for careful monitoring of expenses.

Clients and contractors should clearly define the scope of work, agree on the cost reimbursement process, and determine a fair fee structure to ensure the successful execution of a Cost Plus contract. By understanding the advantages and disadvantages, both parties can manage risks and ensure a successful project outcome.