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Pay-When-Paid Clause
What is a Pay-When-Paid Clause?
A Pay-When-Paid Clause refers to a contractual provision often used within the construction industry. This clause essentially stipulates that a contractor or a subcontractor is not obliged to pay their subcontractors or suppliers until they themselves receive payment from the project owner. It serves to manage the risk associated with the delay or failure of payment in the construction chain, allowing the contractor to pass on the financial risks to the subcontractors. Such a clause can have significant implications on cash flows and may affect the commercial viability of construction projects, particularly for smaller subcontractors. It's crucial for all parties involved to carefully negotiate these provisions.
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Other construction terms
What is a Time and Materials Contract?
A Time and Materials Contract, often abbreviated as T&M, is a specific type of contract commonly used in the construction industry. It is a contractual format that indicates that the client will pay based on actual costs: the direct labor hours worked (time), the materials directly used in the final product, and a fixed add-on to cover overhead and profits. Unlike fixed-cost contracts, T&M agreements provide greater flexibility as the scope of work can change without having to negotiate a new contract. This type of contract is generally applied in projects where the full extent of the work cannot be determined at the outset. However, their major downside is the potential risk of cost overruns, which makes client oversight crucial.
What is Markup?
Markup in the construction industry refers to the percentage increase added to the actual costs of construction projects to determine the selling price. The markup covers overhead expenses, such as administrative costs, and ensures the contractor makes a profit from the project. The percentage can vary greatly based on factors like the complexity of the project, competition in the local market, and the contractor's reputation and experience. Careful consideration is needed when deciding the markup as too high can make a contractor's bid uncompetitive, while too low may not cover all expenses or allow for a reasonable profit margin. A good understanding of the project, accurate cost estimations, and market research are crucial for determining an appropriate markup.
What is Insurance?
Insurance, in the context of the construction industry, refers to a contract known as an insurance policy, that a company or individual buys from an insurance provider to reduce the financial risk associated with potential loss or damage. There are numerous types of insurance policies like liability insurance, builder's risk insurance, and workers compensation that are specifically designed to safeguard construction businesses against various hazards. For example, if a construction site accidentally experiences unexpected damages, having proper insurance can alleviate the burden of these costs. Each insurance policy has a premium and a deductible, and the terms and conditions can extensively vary based on the policy. The selection of insurance types and coverage should be made meticulously considering the nature and scope of the construction project.
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