Learn About Lump Sum Construction Contracts: Lump Sum Contract Is Used When Scope Is Clear and Terms Are Defined
Learn About Lump Sum Construction Contracts: Lump Sum Contract Is Used When Scope Is Clear and Terms Are Defined
A lump sum contract is normally used in the construction industry to reduce design and
contract administration costs. It is called a lump sum because the contractor is required to submit
a total and global price instead of bidding on individual items. A lump sum contract is the most
recognized agreement form on simple and small projects and projects with a well-defined scope
or construction projects where the risk of different site conditions is minimal.
A lump sum contract or a stipulated sum contract will require that the supplier agrees to provide
specified services for a stipulated or fixed price. In a lump sum contract, the owner has
essentially assigned all the risk to the contractor, who in turn can be expected to ask for a higher
markup in order to take care of unforeseen contingencies. A supplier being contracted under a
lump sum agreement will be responsible for the proper job execution and will provide its own
means and methods to complete the work. This type of contract usually is developed by
estimating labor costs, material costs, and adding a specific amount that will cover contractors
overhead and profit margin.
The amount of overhead calculated under a lump sum contract will vary from builder to builder,
but it will be based on their risk assessment study and labor expertise. However, estimating a
very large overhead cost can lead the contractor to present higher construction costs to the
project owner.
The expertise of the contractor will determine how their estimated profit will actually be;
furthermore, a poor executed and long-delayed job will raise your construction costs and
eventually diminish the contractor's profit.
A lump sum contract is a great contract agreement to be used if the requested work is well-
defined and construction drawings are completed.
The lump sum agreement will reduce owner risk, and the contractor has greater control over
profit expectations. It is also a preferred choice when stable soil conditions, complete pre-
construction studies, and assessments are completed and the contractor has analyzed those
documents. The stipulated sum contract might contain, when agreed-upon parties, certain unit
prices for items with indefinite quantities and allowance to cover any unexpected condition. The
time to award this type of contract is also longer; however, it will minimize change orders during
construction.
Although lump sum contracts are the standard and preferred option for all contractors, it might
also have some limitations:
It presents the highest risk to the contractor.
Lump sum contracts are a great tool for smaller jobs and quite simple projects. However, lump
sum contracts could eventually produce large dispute and claims that will arise from contract
documents. The most common arguing factors are:
Unbalanced Bids: Some projects might require producing an application for payment
using unit quantities and unit prices. Many contractors will produce an unbalanced bid by
rising unit prices on items to be completed early in the project, such as mobilization,
insurances, and general conditions, and lowering unit prices on items needed in later
stages.
Change Orders: If the owner produces or receives a change order proposal from the
contractor, the price quotation could be possibly disputed. The Owner might appeal that
the requested change was already covered under contract provisions. It is important to
prepare specific contract clauses specifying how change orders are going to be managed
and to what extent the contractor could claim delay damages.
Scope and Design Changes: A contractor may suggest design changes based on their
experience. Contract provisions should be clear on how those changes will be addressed
and how those costs will be divided or who will be responsible for the economic impact
of the proposed changes.
Early Completion: Lump sum contracts might include an early completion compensation
for the contractor. Early completion might produce higher savings for the project owner;
however, those clauses might be explicit in the construction contract.
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