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Pros and Cons of Cost-Plus vs. Fixed Price Contracts, Missouri CLE 1.3

Missouri
Tuesday, September 20, 2022
1:00 PM ET - 2:05 PM ET
MO MCLE 1.3
$149.00


Use Discount Code R5380628 for 20% off entire purchase from Lorman Education Services.



Course Overview


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.

 

Agenda


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

 

Presenter: 
Carol A. Sigmond

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