What is the difference between a fixed-price contract and a time and materials contract?

A fixed-price contract and a time and materials contract are two types of contracts commonly used in construction law in California. Generally, a fixed-price contract is an agreement between the owner and contractor that lays out the scope of work and the cost of the project. The contractor is then responsible for completing the project within the agreed-upon costs, and any changes or additions to the scope of work will require renegotiation. On the other hand, a time and materials contract allows the contractor to bill the owner on a time and materials basis, meaning the contractor will charge the owner for the materials, labor, and other costs associated with the project at the agreed-upon rate. This type of contract is often more flexible than the fixed-price contract, as the scope of work can be changed without needing to renegotiate terms. However, the contractor is still obligated to complete the project within a reasonable time frame and budget.

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