Priorities
Three things matter more than the headline number
The three things that matter most are:
- how much of the project has been resolved before contract
- where the remaining cost risk sits
- what can legitimately change the agreed price
1. How much has been resolved before contract?
A fixed price is only as certain as the information behind it.
With a genuine fixed-price contract, the agreed design, scope, specification and documentation are substantially resolved and priced before signing.
For that agreed scope, ordinary increases in labour, materials and trade costs during construction sit with the builder, subject to the contract terms. The client gains greater cost certainty. The builder accepts more construction-cost risk.
A Building Contract may still contain amounts for selections or work that cannot yet be finally priced. These are commonly dealt with as Prime Cost items or Provisional Sums. They are not inherently a problem. Sometimes a cost genuinely cannot be known beforehand.
What matters is their extent and visibility. The more that remains unresolved at contract, the greater the potential difference between the headline contract price and the eventual amount paid.
2. Where does the remaining cost risk sit?
Under a cost-plus arrangement, the client generally pays the builder’s actual construction costs plus an agreed margin.
This can suit projects where the scope or cost cannot reasonably be resolved in advance. The trade-off is that if labour, materials or trade costs increase, those increases generally flow through to the client.
Neither contract model removes risk. The difference is who carries it.
Fixed price also creates risk for the builder, and that is worth acknowledging.
Recent years have demonstrated what can happen when construction costs rise rapidly after builders have entered fixed-price contracts. A builder that accepts construction-cost risk needs to understand and manage that exposure responsibly.
For a client, this adds another dimension to the decision. It is not enough to ask whether a builder offers a fixed price. It is worth understanding how they arrive at it.
How much of the home has been resolved? How current is the pricing? How long is the period between formal pricing, signing and construction? How much uncertainty is the builder being asked to absorb?
A fixed price should be the result of disciplined estimating, resolved information and considered risk management, rather than simply a promise made early in the process.
3. What can legitimately change the agreed price?
A fixed-price contract does not mean no circumstance could ever change the amount payable.
Depending on the project and contract terms, changes can arise from:
- client-requested changes to the agreed design, scope or specification
- clearly identified exclusions or risks that could not reasonably be quantified beforehand
- genuinely unforeseen latent conditions
- relevant statutory or regulatory changes.
Cost certainty also does not have to come at the expense of flexibility.
You may identify something during construction that you would like to change. If the change is practical, a well-managed variation process allows the builder to assess it, explain the cost and other implications, and document the change before the affected work proceeds wherever practical.
The distinction is important.
If you choose to change the agreed home, the price may change with it. That is different from the builder passing on an increase in its underlying labour or material costs.
You retain the ability to make choices, while the consequences of those choices remain visible.
This order matters because contract type alone cannot create certainty. First understand what has been resolved. Then establish who carries the remaining risk. Only then can you properly assess what may still change.