Change orders and contracts

Cost-plus vs fixed-price contracts for contractors

A fixed-price contract pays one agreed number no matter what the work costs, so the contractor carries the cost risk and keeps any savings. A cost-plus contract pays actual costs plus a fee, so the owner carries the cost risk and the contractor earns a steadier but capped profit.

An office manager and contractor review invoices with a calculator and laptop in a construction office.
Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

The difference between cost-plus and fixed-price contracts is who carries the risk that the work costs more than expected. Under a fixed-price contract (also called lump sum), the contractor agrees to one price and keeps the profit or eats the loss. Under a cost-plus contract, the owner pays the actual cost of the work plus a fee, so overruns are mostly the owner's problem. Fixed price rewards contractors who estimate and manage tightly. Cost-plus fits jobs where the scope is unclear, the design is unfinished, or the owner wants to make decisions as the job goes.

How each contract type works

Fixed-price (lump sum)

You bid a number for a defined scope. The price changes only through approved change orders. Federal rules describe the firm-fixed-price model plainly: FAR 16.202-1 says the price is not subject to adjustment based on the contractor's cost experience and places maximum risk and full responsibility for all costs on the contractor. Federal construction is usually bought this way, and FAR 36.207 prefers lump-sum pricing over unit pricing except where quantities are large or too uncertain to price without a big contingency.

Cost-plus

The owner reimburses defined costs (labor, material, subs, equipment, some site overhead) and pays a fee. The fee can be a percentage of cost, a fixed fee (cost plus fixed fee), or an incentive fee. Many private cost-plus jobs add a guaranteed maximum price, which turns it into a hybrid: cost-plus up to a cap, with the contractor responsible above it. Cost-plus requires open-book pricing: the owner can see and audit your costs.

Public work treats some of these differently. On federal contracts, FAR 16.102 bars the cost-plus-a-percentage-of-cost system entirely, and FAR 15.404-4 caps the fee on most cost-plus-fixed-fee contracts at 10 percent of estimated cost. Private owners can agree to percentage-of-cost fees, though many prefer a fixed fee because a percentage fee rewards higher cost.

Side-by-side comparison

Cost-plus vs fixed-price at a glance
FactorFixed-priceCost-plus
Who carries cost overrun riskContractorOwner (unless there is a GMP)
Profit potentialHigher if you beat the estimate, losses if notSteadier, limited to the fee
Scope needed at signingComplete and clearCan be partial
Owner visibility into costsLowFull, open book
Paperwork loadChange orders, pay appsEvery invoice, timecard, and receipt backed up
Change ordersEvery change priced and negotiatedChanges add cost; fee may adjust
Common usesBid work, defined scopes, public jobsCustom homes, fast-track, renovations with unknowns

How to choose: a five-question framework

  1. How complete is the design? Full construction documents favor fixed price. Schematic drawings and "we will decide later" favor cost-plus or a GMP.
  2. How many unknowns are behind the walls or in the ground? Old buildings, unknown soils, and hidden conditions push toward cost-plus or unit prices for risky items.
  3. How good is your cost data? If your past jobs give you reliable unit costs for this kind of work, fixed price lets you profit from that skill.
  4. Can your office handle open-book reporting? Cost-plus means tracking and backing up every cost by job. Weak bookkeeping turns a safe contract into disputes over reimbursable costs.
  5. What does the owner want? Some owners need a fixed number for financing. Others value transparency and control over a lower number.

Worked example: one renovation, two contracts

Here is an illustration. A GC is pricing a renovation of an older two-story office. The estimate is $720,000 in cost. The GC would bid $800,000 fixed price (about 11 percent markup on cost) or offer cost-plus with a $64,000 fixed fee.

Example outcomes under each contract type
Actual costFixed-price profitCost-plus profitOwner pays (cost-plus)
$680,000 (good job)$120,000$64,000$744,000
$720,000 (on estimate)$80,000$64,000$784,000
$810,000 (hidden rot and old wiring)Loss of $10,000$64,000$874,000

The fixed-price contract pays better when things go right and badly when they do not. On a building this age, with unknowns behind every wall, cost-plus with a fixed fee (or a GMP with a healthy contingency) is often the safer pick. On a new tilt-up warehouse with complete drawings, the GC might happily take the fixed-price risk.

Running each contract type well

On fixed-price jobs

The estimate becomes the budget the day the contract is signed. Load it by cost code, buy out subs and major materials early to lock in the numbers, and track committed costs so you see overruns before invoices arrive. Every change in scope needs a priced change order, because nothing else will move the contract sum. Margin is made or lost in the weekly cost review.

On cost-plus jobs

The paperwork is the product. Every timecard, invoice, rental ticket, and receipt must be coded to the job and kept with backup the owner can audit. Agree in writing on what counts as a reimbursable cost, how labor rates are set (actual payroll plus a defined burden, or agreed billing rates), whether general conditions are cost or fee, and how often you bill. Send a cost report with each invoice. Owners on cost-plus jobs get nervous when costs arrive as a surprise, so show committed costs and a forecast to complete every month, not just what has been spent.

On GMP jobs

Treat a guaranteed maximum price like fixed price for risk and like cost-plus for reporting. Track contingency usage closely, document every use with the owner, and agree up front how savings under the GMP are split. The worst outcome is a GMP job where costs run over and the contractor cannot show which changes should have raised the cap.

Mixing the two on one job

Hybrids are common and often smart. A remodel can be fixed price for the defined work with cost-plus or time and materials for hidden conditions. A sitework job can be lump sum for grading with unit prices for rock removal and unsuitable soil. Spell out which items fall under which method, and track them under separate cost codes so billing stays clean.

Mistakes to avoid

  • Not defining reimbursable costs on cost-plus. Spell out whether office staff time, small tools, vehicles, and insurance are costs or part of the fee.
  • Treating cost-plus as low risk. Disallowed costs, audit disputes, and slow payment are real risks.
  • Bidding fixed price on incomplete drawings without clarifications. List assumptions and exclusions so missing design becomes a change, not a loss.
  • Forgetting the fee on changes. Under a fixed fee, decide up front whether large changes adjust the fee.
  • Weak job costing. Neither contract type works if you cannot see cost by code each week.

Related guides, templates, and tools

See also time and materials contracts: when to use them, unit price vs lump sum bidding, and how to estimate construction contingency. A job cost report template is the minimum for open-book work. Smart Business Automator tracks cost by job and code with backup attached, which is what both fixed-price margin control and cost-plus reporting depend on. See job costing and WIP automation.

Frequently asked questions

Is cost-plus better for the contractor?

It lowers the risk of losing money on cost overruns, but it caps profit at the fee and adds reporting work. Contractors who estimate and manage well often earn more on fixed-price work.

What is a GMP contract?

A guaranteed maximum price contract is cost-plus up to a ceiling. The owner pays actual cost plus fee up to the GMP, and the contractor covers costs above it. Savings below the GMP are often shared under the contract terms.

Can federal construction contracts be cost-plus?

Federal construction is usually firm-fixed-price, but cost-reimbursement types exist. The cost-plus-a-percentage-of-cost system is prohibited under FAR 16.102, and fees on most cost-plus-fixed-fee contracts are capped at 10 percent of estimated cost under FAR 15.404-4.

Which is better for a homeowner remodel?

Fixed price is common when the scope is clear. Cost-plus or a fixed price with generous allowances can work better when selections are not made or old conditions are unknown. Either way, write the change process into the contract.

Sources

  1. Acquisition.gov: FAR 16.202-1 Firm-fixed-price contracts, description
  2. Acquisition.gov: FAR 16.102 Policies (cost-plus-a-percentage-of-cost prohibition)
  3. Acquisition.gov: FAR 15.404-4 Profit (fee limits)
  4. Acquisition.gov: FAR 36.207 Pricing fixed-price construction contracts
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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