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Cost Plus Construction Agreement Template for England and Wales

A Cost Plus Construction Agreement is a contractual arrangement under English and Welsh law where the client agrees to pay the contractor the actual cost of construction plus an agreed fee or percentage. This agreement type is particularly useful for projects where the scope cannot be fully defined at the outset or where flexibility is required. It includes detailed provisions for cost verification, payment mechanisms, and reporting requirements, all compliant with UK construction legislation including the Housing Grants, Construction and Regeneration Act 1996.

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What is a Cost Plus Construction Agreement?

The Cost Plus Construction Agreement is designed for construction projects in England and Wales where traditional fixed-price contracts may not be suitable due to uncertain scope or complexity. This contract type provides transparency in costs while allowing for flexibility in project execution. It is particularly relevant for complex renovations, emergency works, or projects where the scope may evolve. The agreement includes comprehensive provisions for cost reporting, verification procedures, and fee calculations, while ensuring compliance with UK construction legislation. The document typically includes detailed schedules for rates, works specifications, and reporting requirements.

What sections should be included in a Cost Plus Construction Agreement?

1. Parties: Identification and details of the contracting parties (Employer and Contractor)

2. Background: Context and purpose of the agreement, including project overview

3. Definitions: Key terms used throughout the agreement including Cost, Fee, Prime Cost, and Reimbursable Expenses

4. Scope of Works: Detailed description of construction works to be performed and deliverables

5. Cost Plus Mechanism: Definition of costs, calculation of contractor's fee, and markup percentages

6. Payment Terms: Payment procedures, timing, and mechanisms including interim payments and final account

7. Duration and Programme: Project timeline, completion dates, and milestone requirements

8. Contractor's Obligations: Key responsibilities including workmanship, materials, and compliance with laws

9. Employer's Obligations: Key responsibilities including site access, permits, and information provision

10. Variations: Procedures for changes to scope and corresponding cost implications

11. Quality and Inspection: Quality standards, testing requirements, and inspection procedures

12. Health and Safety: Health and safety obligations and CDM Regulations compliance

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes including adjudication and litigation

What sections are optional to include in a Cost Plus Construction Agreement?

1. Performance Security: Bonds or guarantees requirements for high-value projects

2. Insurance Requirements: Specific insurance obligations beyond standard provisions

3. Design Responsibility: Allocation of design obligations when contractor has design responsibilities

4. Intellectual Property: Rights and obligations regarding designs, documents and other IP

5. Environmental Requirements: Specific environmental obligations and sustainability requirements

What schedules should be included in a Cost Plus Construction Agreement?

1. Schedule of Rates: Detailed breakdown of labor and material rates, overhead and profit percentages

2. Schedule of Works: Detailed specification of construction works and quality requirements

3. Programme: Detailed project timeline, milestones, and critical path activities

4. Site Information: Details about the construction site, conditions, and access requirements

5. Forms of Certificates: Templates for payment certificates, completion certificates, and other required forms

6. Cost Records and Reporting Requirements: Templates and procedures for cost reporting and record-keeping

7. Key Personnel: List of key personnel from both parties and their roles/responsibilities

8. Insurance Requirements: Detailed insurance requirements including types, amounts, and duration

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Project Agreement

Cost

Free to use

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