Lump sum contracts, also known as stipulated sum contracts, or fixed-price contracts, stand out as the most commonly employed form of agreement between contractors and project owners, as well as between contractors and subtrades. This type of contract provides clarity and simplicity by establishing a fixed price for completing a construction project, making it a popular choice for projects with a well-defined scope of work. At ATAC LAW, we usually recommend lump sum contracts for most construction projects, both to Owners as well as contractors. However, like any contract type, lump sum contracts come with their own set of advantages and disadvantages that both owners and contractors should consider carefully before entering into an agreement.

What is a Lump Sum Contract?

A lump sum contract is an agreement that sets a predetermined cost for construction work. Under this contract, the contractor agrees to complete the project for a fixed amount, with no additional costs incurred by the owner beyond the agreed-upon price. This type of contract is ideal for projects with a clearly defined scope of work, ensuring that both parties understand their obligations and financial commitments from the outset.

Benefits of Lump Sum Contracts

Simplicity: Lump sum contracts are straightforward and easy to understand, providing clarity for both parties regarding project costs and obligations. Owners can budget more effectively with a fixed project cost, while contractors benefit from simplified pricing structures and accounting processes.

Ease of Financing: Owners may find it easier to secure financing for projects under lump sum contracts, as lenders have a clear understanding of the total project costs from the outset. Additionally, owners can set aside smaller contingency percentages compared to other contract types, reducing the need for flexible financing or large cash reserves.

More Profit: Contractors have the potential for higher profit margins with lump sum contracts, particularly with efficient project execution and careful cost management. By accurately estimating project costs and negotiating tenders with specialty contractors, contractors can increase their profitability while delivering quality workmanship.

Lower Overhead: Lump sum contracts typically require less documentation and accounting than other contract types, resulting in lower overhead costs for contractors. This streamlined approach allows contractors to submit competitive tenders and focus on project execution rather than administrative tasks.

Disadvantages of Lump Sum Contracts

Potential for Substandard Work: Contractors may be incentivized to cut corners in order to stay under budget on lump sum contracts, potentially compromising the quality of workmanship. Owners must provide oversight to ensure that construction is completed according to the agreed-upon scope and standards. The contract must clearly set out the specific details of the workmanship levels expected, as well as the specific material qualities to be used.

Scope Disputes: Clear communication and documentation of the project scope are critical to avoiding disputes between owners and contractors. Contractors must ensure that the scope of work is well-defined from the outset to minimize the risk of rejected change orders and disputes over project requirements.

Estimating Challenges: Accurate cost estimation is essential for the success of lump sum contracts, and contractors must carefully assess project requirements to avoid cost overruns. Inaccurate estimates can diminish profit margins and undermine the financial viability of the project. Although the efforts in estimating work under a lump sum contract are undeniably greater for the contractor than under a cost-plus contract, the contractor will be able to reap the benefits of his good project planning when it comes to execution of the work.

Change Orders: Lump sum contracts are less flexible when it comes to additions or deletions to the work, and where such changes occur, change orders are the result. Change orders result in changes to the project budget and schedule, and are often disruptive to the contractor’s planned work flow, which can result in increased costs and increased project delivery times. These changes can result in disputes between owners and contractors. Under fixed-price contracts, Owners and Contractors should try to avoid making changes to the scope of work. Again, proper planning and estimating before the work begins should, in theory, eliminate any change-related work.

When to Use a Lump Sum Contract

Lump sum contracts are best suited for projects with a clearly defined scope of work and well-understood project requirements. Owners who prioritize simplicity, budget certainty, and streamlined project management may benefit from entering into lump sum contracts with reputable contractors. However, careful consideration should be given to the complexity of the project and the potential risks associated with fixed-price agreements.

Admittedly however there are some scenarios where fixed price contracts are not possible, or at least not likely to be accepted by contractors. This happens where the scope of work is impossible to determine from the outset. This can often happen where the work is investigative in nature. For example, a contractor cannot make a bid to repair a water damaged house without first investigating the extent of the damage. A cost-plus contract may be unavoidable in this case, at least for the investigation work.

However the remedy to this issue is to pay a small amount to the contractor on a cost-plus basis to do the investigation work, and then once the extent of the damage is known, a fixed price can be provided for the repair. This is, in fact, how most insurers pay for loss-related repair or reconstruction work.

Navigating construction contracts can be complex, but the construction law experts at ATAC Law are here to help. Whether you’re a project owner seeking clarity on contract terms or a contractor facing disputes over project scope, our experienced team can provide guidance and legal support tailored to your needs. Contact us today to learn how we can protect your interests and ensure a successful construction project.