Custom Home Building Contracts: Understand This Before Signing a Cost-Plus Contract

Last year, we posted a blog about the differences between cost-plus and lump-sum contracts, along with the pros and cons of each. If you haven’t already, I would recommend reading it now! Quick recap: in a cost-plus contract, the client and the builder agree upon a locked-in, unwavering management fee that will be paid to the builder for the project. Any budget overages or remediation work will be at the client's expense; therefore, the risk lies with the client. As a result of decreased risk, the contractor typically reduces their profit which gives the appearance of a “better deal”. In a lump-sum contract, the client and the builder agree upon a locked-in, unwavering CONTRACT price for the whole project. Whatever profit the builder makes will not be revealed to the client. There is no risk for the client should any budget overages or remediation occur- the risk lies with the contractor. 

I have spent the last year and a half working on 4 different cost-plus contracts. I want to emphasize how thankful I am for every client and the opportunity to learn and grow. Starting any new venture involves trial and error and I am so grateful for the clients who have chosen to join in the adventure. We entered into these initial projects believing that a cost-plus contract was the best option for everyone involved. However, on each of these projects, unexpected costs came up. We have not been immune to soaring material prices (like concrete) after our budget was set and the contract signed. All of this resulted in the client having to cough up more money - and I’ll add - disappointedly. Because our contract was cost-plus, they had to experience firsthand the messiness of construction and shoulder much of the stress.

Is a cost-plus contract always a bad idea? No, there are certainly times when it is advantageous. But it is critically important that the client understand how much risk they bear in a cost-plus contract, AND how exposed they are to cost fluctuations. This can really steal from the joy and excitement of building your own custom home. As a builder who wants to glorify God and bless others, I have struggled with cost-plus contracts. Everything in me wants to swoop in and pay for budget overages and remediation work for my clients so they are spared the stress and strain. But when a cost-plus contract is signed and my profit is reduced, I’m stripped of the ability to intervene. 

We want to bless people. Period. If I could go back in time, I would have strongly advised most of my clients to sign a lump-sum contract with me. It may be more expensive (at least initially), but once that contract is signed, they can sit back and enjoy watching their home come together. When budget overages occur and mistakes are made, I can immediately cover them. Your peace of mind and pocketbook are spared the strain. 

This seems to be a theme with many of our blogs, but peace of mind is worth it every single time.

Lump Sum Contract v. Cost Plus Contract

The big day has arrived- you researched and found the right custom home builder, hired an architect to draw up your house plans, and are now ready to sign the contract. Traditionally, this contract is structured in one of two ways: a Lump Sum Contract or a Cost Plus Contract. My hope is to explain these two types of contracts in a way that makes it clear which path is right for you and your custom home goals. 

Path 1: Lump Sum Contract

In this contract, you and your builder have agreed upon one fixed price for all of the work shown in the plans and specifications.  Once the contract is signed and construction begins, that price will never change.  If the home builder ends up exceeding the budget on – let’s say the drywall – they will have to cover the difference out of their own pocket.  You as the client will never have to worry about these overages.

Path 2: Cost Plus Contract

In this contract, you and your builder have agreed on a “starting point” price.  Once the contract is signed and construction begins, you will be on the hook for all budget overages.  Some people call this an “open book” contract.  The builder will be legally responsible for showing you all their numbers, so you will know exactly what their expenses and profit are.

Which Path is Better?

I have used both contract types with clients, and both have their pros and cons.  In general, I would say that a Lump Sum Contract produces a smoother, more seamless construction experience for the client.  As previously mentioned, in a Lump Sum Contract, the client does not have to stress about the costs of their project once the contract is signed.  There could be an instance, for example, where the window package comes in $12K over the builder’s budget.  The client can visit the jobsite, admire the beautiful windows and never have to deal with the mental burden that these windows could have caused. In this crazy time with so much price fluctuation, the client can just enjoy the construction experience without the headache.

So why would you ever sign a Cost Plus Contract?  Typically, you will get a better deal from the builder since they are sharing all numbers with you and are not liable for unexpected costs.  Depending on the magnitude of the project, this could save you $20K to $50K.  So yes, that could be some serious savings!  Just be cautious- if you sign a Cost Plus Contract, are you prepared to spend $20K to $50K out of pocket for hiccups and surprises that come up along the way? Do you want to carry the mental burden for every expense throughout the entire construction process? 

As you can see, there is no objectively right or wrong contract path to choose; however, there is likely a better and worse option for you depending on personality and goals. Hopefully you now possess the insight to make the best possible decision!