Contracts

Contract

The binding written agreement between owner and contractor defining scope, price, schedule, and terms of the project.

A construction contract is the binding written agreement between an owner (or general contractor, for subcontracts) and a contractor that defines the scope, price, schedule, and terms of a project. Contracts include the prime contract, the drawing set, specifications, addenda, and any incorporated documents like AIA general conditions.

The most common commercial contract types are fixed-price (lump sum), cost-plus (cost reimbursement plus a fee or percentage), and time and materials (T&M, hourly labor plus actual material cost with a markup). Each has different risk allocation between owner and contractor. Fixed-price puts overrun risk on the contractor. Cost-plus puts it on the owner. T&M is typically used for repairs and small undefined-scope work.

Frequently asked questions

What is the most common construction contract type?+

Fixed-price (lump sum) is the most common contract type for defined-scope commercial and residential projects. Cost-plus is common on cost-driven owner projects with high uncertainty. T&M is common for small repairs and undefined scope.

What documents are included in a construction contract?+

A complete contract includes the prime agreement, drawing set, specifications, addenda issued during bidding, schedule, schedule of values, insurance certificates, bonds (if required), and incorporated general conditions documents.

Who writes the construction contract?+

On commercial work, the owner or owner's attorney typically drafts or selects the contract template (often AIA, ConsensusDocs, or owner-custom). On residential, the contractor often supplies the contract using a state-association template.

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