Fixed Price Contract

As it relates to commercial real estate, a fixed price contract is an agreement where a contractor presents a quote to the property owner or general contractor, with a predetermined value that does not change to perform the work of a contract. In these types of contracts, once the terms are agreed, the price to fulfill the contract does not change, regardless of whether the labor or material costs change throughout the term of the contract.

Putting ‘Fixed Price Contract’ in Context

Project Overview

Gulf Shore Development Group, a Houston-based real estate developer, is undertaking the construction of a 30-story luxury high-rise apartment building called The Heights at Midtown in central Houston, TX. This project is an opportunistic development, targeting a rapidly growing segment of high-income renters in Houston’s urban core. The development will include 275 units, a rooftop pool, a fitness center, and premium amenities, with a projected total development cost of $125 million.

Fixed Price Contract Scenario

To mitigate cost overruns, particularly in the unpredictable Houston construction market, Gulf Shore Development Group entered into a Fixed Price Contract with Lone Star Construction, a reputable contractor specializing in high-rise residential projects. Under the terms of the contract, the construction budget is set at $85 million, with a completion timeline of 30 months.

Context of the Fixed Price Contract

Houston’s commercial real estate market has recently experienced volatility in material and labor costs, largely due to supply chain disruptions and labor shortages in the wake of recent economic shifts. To protect their pro forma from cost inflation and potential budget blowouts, Gulf Shore Development Group opted for a fixed price contract with Lone Star Construction. This means that once the price was agreed upon, the contractor is legally obligated to complete the project for the predetermined $85 million—regardless of fluctuations in materials (e.g., concrete, steel) or labor costs.

For Gulf Shore Development, this provides much-needed cost certainty. The project’s financing, which includes both equity and construction loans, was structured around this fixed construction cost, and any significant cost overruns could have jeopardized the project’s financial feasibility. With the fixed price contract in place, the developers can avoid the risk of increasing costs affecting their return expectations.

Hypothetical Example: Managing a Cost Increase

Six months into construction, global steel prices surge by 15%, and local wages for skilled labor rise by 10%. Under a typical cost-plus or time and materials contract, these price increases would lead to an inflated project budget, requiring Gulf Shore Development to either raise additional capital or eat into their profit margins. However, since Gulf Shore locked in a fixed price contract, Lone Star Construction absorbs these unexpected increases. The contract shields Gulf Shore from unforeseen market conditions, ensuring that the project remains on budget at $85 million.

This kind of contract structure is particularly important for opportunistic developments like The Heights at Midtown, where the high risk and longer timelines make it critical to control costs from the outset. While the developer may pay a premium for a fixed price contract (as contractors may pad their bids to account for potential risks), this trade-off is often worth it when managing large-scale, high-stakes projects.