Navigating Construction Contracts: What Every Homeowner Needs to Know

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Starting a home construction or renovation project is exciting, but it comes with its share of challenges. The contract between you and your contractor is a critical document that sets the stage for success—or potential headaches. At hpd architecture + interiors, we’ve seen what can happen when construction contracts aren’t thoroughly reviewed. Our goal is to guide you so you can avoid costly mistakes and ensure your project runs smoothly.

Lump Sum vs. Cost-Plus Contracts

Two common types of construction contracts are Lump Sum and Cost-Plus, and each comes with its pros and cons.

Lump Sum Contracts

A Lump Sum contract provides a fixed price for the entire project, covering materials, labor, and overhead. While the upfront clarity is appealing, there can be hidden risks:

  • Potential Pitfall: A client once shared how their contractor rushed decisions to finalize a fixed price. Later, they discovered that cheaper materials were used to protect the contractor’s profit. It cost thousands to replace inferior flooring that scratched easily.

To avoid this, ensure the contract clearly specifies material quality and includes allowances for unexpected changes.

Cost-Plus Contracts

A Cost-Plus contract itemizes costs and adds a markup for the contractor’s profit. This offers transparency but requires careful budgeting:

  • Potential Pitfall: We worked with a homeowner who opted for a Cost-Plus agreement but underestimated how quickly small changes added up. By the end, they had exceeded their budget by 20%, creating financing headaches.

To mitigate surprises, ask for regular cost updates and closely monitor change orders.

Key Provisions to Protect Your Interests

A strong contract protects you as a homeowner. Be wary of clauses giving contractors too much freedom, like substituting materials without approval. This can derail your vision and lead to costly fixes later.

  • Potential Pitfall: One family we helped discovered—too late—that their contract allowed material substitutions without notice. Their sleek, modern kitchen ended up with traditional fixtures that didn’t match the design. Fixing it delayed the project by weeks and required additional funds.

To avoid scenarios like this, include provisions that require your approval for changes and ensure invoices and change orders are detailed.

Managing Changes and Substitutions

Change is inevitable during construction. Materials may be discontinued or delayed, and substitutions will be needed. A clear construction contract defines how these situations will be handled.

Potential Pitfall: A homeowner once told us about a project where their contractor chose a different countertop material without consulting them. The replacement clashed with the cabinetry, and fixing it added unnecessary delays and expense.

To stay in control, make sure your contract gives you the final say on material changes and documents cost differences through change orders. Proactive communication with your contractor can save you from these costly surprises.

Don’t Overlook the Warranty

Warranties often get overlooked, but they’re crucial for protecting your investment. A vague or limited warranty can leave you responsible for expensive repairs down the road.

Potential Pitfall: One client came to us frustrated after their contractor refused to fix cracked concrete on a newly poured driveway. Their warranty allowed “minor cracking,” but it turned out to be a major issue. Unfortunately, they had to pay out of pocket for a complete redo.

A good warranty should:

  • Clearly define acceptable quality standards for materials and workmanship.
  • Include a clause requiring the contractor to correct any non-conforming work, even after the project is finished.

Final Thoughts

At hpd architecture + interiors, we think of a well-written contract as a rule book for your project. It sets clear expectations for everyone involved, protects your interests, and helps avoid misunderstandings. With the right rules in place, your project can move forward smoothly, and everyone stays on the same page. Our goal is to share what we’ve learned so you feel confident tackling your home remodel project from start to finish.

Before signing, take the time to review your contract thoroughly. A little extra effort upfront can save you from costly mistakes later. Partnering with your architect and legal advisor ensures you’re well-prepared to move forward with confidence.

Remember, we’re here to help you protect your investment and realize your vision for your home—without unnecessary stress.

Laura

VP, Architect, hpd architecture + interiors
Laura Davis is a Texas and Colorado registered architect and interior designer, and a co-founder of hpd architecture + interiors. With a diverse portfolio spanning residential, commercial, retail, and historical projects, Laura’s heart lies with her specialty in Historic Preservation. She loves to revitalize older properties, cherishing their character and the stories they hold. Her true passion lies in understanding her clients deeply, uncovering their desires and motivations, and crafting designs that turn houses into cherished homes.

Laura Davis is a registered architect and interior designer in the state of Texas and Colorado, and a founding member of hpd architecture + interiors. Laura's extensive experience includes residential as well as commercial and retail projects.  She also has a particular interest in restoration, holding a certificate in Historic Preservation. She is energized by the character of older homes and the stories of those who have lived there. Responding to the needs of the current owner, while also honoring the personality of the original home is a delicate process to be enjoyed.

Laura Davis

Vice President, Architect, Interior Designer Principal , hpd architecture + interiors

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