Construction contracts can take different forms depending upon the preferences of the buyer/owner and the builder/contractor. It is important for all parties involved in the negotiation and drafting of a Construction Contract to be represented by a qualified and experienced legal professional who can provide advice on contract terms.
Lotzar Law Firm, P.C. can provide representation to clients who are entering into Construction Contracts. Our experienced Scottsdale Arizona real estate law professionals will advise you on the different available contract types and the advantages and disadvantages of each form of Construction Contract. We can also help to facilitate negotiations and draft a contract to maximize the chances of a deal getting done while also protecting your interests. Call today to speak with a member of our legal team to learn more.
What is a Guaranteed Maximum Price Construction Contract?
Construction contracts can be categorized into different types of Agreements. One common type of Construction Contract is a Guaranteed Maximum Price (GMP) contract. A Guaranteed Maximum Price Contract is an alternative to a Fixed Price Contract and to a Time And Materials Contract that incorporates elements of both contract types.
A Fixed Price Contract is a contractual agreement in which a builder/contractor agrees to complete a construction project for a set price. A Fixed Price Contract provides certainty to a buyer who knows what the construction project budget will be. However, there are disadvantages for buyers and builders. Builders face the risk that they will become responsible for cost overruns. Buyers face the risk that a builder will engage in cost-saving measures that maximize profit but that result in a substandard finished product.
A Time and Materials Contract is a construction contract in which the buyer agrees to pay for the cost of time and materials as well as an additional cost of overhead and profit for a builder. Buyers have many disadvantages with this contract type. A buyer faces uncertainty about the final cost of a construction project. Further, builders have little incentive to look for the most cost-effective materials or to limit time spent on the job.
A Guaranteed Maximum Price Contract is a third alternative. With a GMP contract, a buyer agrees to compensate a builder for time and materials up to a set maximum price. This ensures that the builder is paid for work performed and materials used provided the maximum price is not reached. A Guaranteed Maximum Price Contract may also include a clause in which the buyer and the builder agree to share the value of any savings. This creates an incentive for a builder to look for cost-savings but ensures that a buyer also benefits if the project comes in under budget.
A GMP Contract can be a risk for a builder because the builder could still be forced to pay for any cost overruns. Buyers also face the risk that a builder will overstate the initial price of the construction job in order to ensure that the maximum price is not reached or to increase profits by obtaining a portion of cost savings.
A GMP Contract can be a good option when carefully drafted and when builders have a realistic idea of the expense associated with a project. Lotzar Law Firm, P.C. can help you to determine if a Guaranteed Maximum Priced Contract is appropriate for your construction project. Call today or contact us online to speak with a member of our legal team and learn more.