Pros and Cons of Cost-Plus vs. Fixed Price Contracts

$149.00

SKU: 410137

Description

Gain an understanding of project delivery methods, their implications and the current legal landscape.
Supply chain issues, steel and aluminum tariffs, and fuel inflation are changing the construction industry. Contractors and OwnersDevelopers are having frank discussions about how to handle these issues. There are a variety of approaches including formulas for time extensions and price increases for supply change issues, adjustments to or equal requirements, new flexibility on FFE, particularly as to color schemes for tile, paint, flooring, fuel surcharge allowances, use of allowances for materials and equipment, and pressures to shift to modified cost plus and flexible fixed price arrangements. This program will discuss the basic differences between these two approaches, types of contracts, and the pros and cons of each form of agreement. Equally important, this program will point out how these types of contracts and the underlying risks for each are being considered and evaluated in the present market conditions.

Date: 2022-09-20 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to explain the reasons for selecting fixed price or cost plus.

* You will be able to identify risk issues both financial and as to the physical work based on a specific project andor associated contract.

* You will be able to recognize the features of a contract to distinguish between fixed price and cost plus.

* You will be able to review a contract to evaluate the relevant considerations for either a cost plus or a fixed price.

Fixed Price V. Cost-Plus Contracts
• Risk Allocation, Physical Work
• Risk Allocation, Financial
• Close out Audit
• Mitigation of Risks

Differences in Administering Fixed Price and Cost-Plus
• Advertising and Award
• Change Order, Pricing and Approvals, Supply Chain
• Scheduling, Submittals, and RFIs
• Role of the Architect

Fixed Price and Antitrust Issues
• Bid Rigging
• Price Fixing
• Kickbacks

Cost-Plus and Fraud Issues
• Fiduciary Duty
• Fraud
• Examples

The Future Under Fixed Price and Cost-Plus
• Supply Chain Issues
• Inflation
• Impact of New Software’s and AI
• Increasing Transparency
• Increasing Criminalization of Contract Issues

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Carol A. Sigmond-Greenspoon Marder