Construction and development finance

How do lenders treat a fixed price building contract vs cost plus?

Quick Answer

Does the type of building contract affect the loan?

Yes. Fixed price is standard; cost plus needs a stronger borrower, more contingency and a QS

A fixed price contract gives the lender a known construction cost, so the loan can be sized with confidence and progress payments follow the contract schedule. A cost plus contract, where you pay the builder's actual costs plus a margin, leaves the final figure open. Most banks will not fund cost plus for residential construction, and those lenders that do require a larger contingency, more borrower equity, a quantity surveyor certifying every draw, and often a cap on the contract sum.

  • Fixed price Accepted by all lenders
  • Cost plus Few lenders, strict conditions
  • Contingency on cost plus 10% to 15%
  • Draws on cost plus QS certified, against actual cost

Why lenders prefer fixed price

The lender is funding a building that does not exist yet, and its security is the finished product. A fixed price contract from a licensed builder with home warranty insurance tells the lender what the building will cost and that the builder carries the risk of most cost increases. The progress schedule is written into the contract, so the lender knows when and how much it will pay. This is the model residential construction lending is built around.

What changes with cost plus

Cost plus is used for custom homes, renovations of old buildings and projects where the scope cannot be fully defined at signing. The borrower carries the cost risk. Lenders respond by funding a smaller share, requiring a contingency of ten to fifteen per cent, appointing a quantity surveyor to certify each claim against actual invoices, and sometimes capping the amount they will fund at an agreed estimate with everything above it from the borrower. Interest rates and fees are often higher, and the pool of lenders is small: some private lenders, a few non-banks and occasionally a bank for a high net worth client.

Contract details lenders check

On any contract lenders review the builder's licence and insurance, the provisional sums and prime cost items, the progress payment schedule against state law, the liquidated damages clause, the start and completion dates, and whether the contract price includes site costs and services. Contracts with large provisional sums behave like partial cost plus and are treated with similar caution. Owner builder arrangements, where there is no head contract at all, sit in a category of their own with very few lenders.

Making a cost plus project bankable

Have the builder provide a detailed estimate with a guaranteed maximum price if possible. Fund the design and documentation fully before seeking finance so the scope is defined. Increase equity so the lender's exposure is lower. Accept a QS on every claim. Or convert to a fixed price contract once the design is complete, which is what most lenders will suggest.

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