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Content Overview

The Texas Builders Association Fixed Cost form is a comprehensive document designed to facilitate residential construction projects in Texas. It serves as a vital resource for builders and homeowners, outlining the terms and conditions for fixed-price contracts. This form includes several key components, such as a detailed contract completion questionnaire and various residential construction contracts tailored for homes built on the owner’s property or the builder’s property. Additionally, it provides essential addenda, including a schedule of estimated construction costs, draw request forms, and notices regarding expansive soils, ensuring that all parties are informed and protected. The form also addresses important aspects like the builder's disclosure statement, change orders, and warranties, which are crucial for maintaining transparency throughout the construction process. By utilizing this fixed cost form, builders can establish clear expectations with clients, ultimately leading to smoother project execution and enhanced satisfaction for all involved.

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TAB Contracts© – Table of Contents Page 1 of 3 09/01/2013
2013 - 2015 Texas Residential Construction Contracts Package
(Version 5.0)
published: 09/01/2013
1. Disclaimer
2. Table of Contents
3. Instructions
4. Contract Completion Questionnaire
5. Residential Construction Contract – Fixed Price (For Use with Homes Constructed on
the Owner’s Property) (TAB 1.1)
Residential Construction Contract – Cost Plus (For Use with Homes Constructed on the
Owner’s Property) (TAB 2.1)
Addenda:
Legal Description (TAB A-1)
Schedule of Estimated Construction Costs (TAB A-2)
Draw Request Form (TAB A-3)
Notice Regarding Expansive Soils (TAB A-4)
Final Customer Walk-Thru Approval and Punch List (TAB A-5)
Selection / Allowance Schedule (TAB A-6)
Change Order (TAB A-7)
Real Estate Broker’s Fee Addendum (TAB A-8)
Builder’s Disclosure Statement (TAB A-9)
Waiver of the List of Subcontractors and Suppliers (TAB A-10)
Assignment of Manufactured Product Warranties (TAB A-11)
Special Provisions Addendum (TAB A-12)
Green Building Disclosure (TAB A-13)
Express Limited Home Warranty (TAB A-14)
6. Residential Construction Contract (For Use with Homes Constructed on the Builder’s
Property) (TAB 3.1)
Addenda:
Legal Description (TAB B-1)
Special Provisions Addendum (TAB B-2)
Financing Addendum (TAB B-3)
Addendum for Property Subject to Mandatory Membership in an Owners’
Association (TAB B-4)
Tide Waters Notice (TAB B-5)
Final Customer Walk-Thru Approval and Punch List (TAB B-6)
Selection Schedule (TAB B-7)
Change Order (TAB B-8)
TAB Contracts© – Table of Contents Page 2 of 3 09/01/2013
Real Estate Broker’s Fee Addendum (TAB B-9)
Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAB
B-10)
Assignment of Manufactured Product Warranties (TAB B-11)
Notice Regarding Expansive Soils (TAB B-12)
Green Building Disclosure (TAB B-13)
Express Limited Home Warranty (TAB B-14)
7. Residential Completed Home Contract (For Use With Completed Homes Constructed on
the Builder’s Property) (TAB 4.1)
Addenda:
Legal Description (TAB C-1)
Special Provisions Addendum (TAB C-2)
Financing Addendum (TAB C-3)
Addendum for Property Subject to Mandatory Membership in An Owners’
Association (TAB C-4)
Tide Waters Notice (TAB C-5)
Final Customer Walk-Thru Approval and Punch List (TAB C-6)
Change Order (TAB C-7)
Real Estate Broker’s Fee Addendum (TAB C-8)
Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAB
C-9)
Assignment of Manufactured Product Warranties (TAB C-10)
Notice Regarding Expansive Soils (TAB C-11)
Green Building Disclosure (TAB C-12)
Express Limited Home Warranty (TAB C-13)
8. Residential Remodeling Contract – Fixed Price (TAB 5.1)
Residential Remodeling Contract – Cost Plus (TAB 6.1)
Residential Remodeling Contract – Short Form (TAB 7.1)
Addenda:
Legal Description (TAB D-1)
Proposal (TAB D-2)
Draw Request Form (TAB D-3)
Schedule of Estimated Construction Costs (for use with TAB 6.1 Cost Plus Contract)
(TAB D-4)
Final Customer Walk-Thru Approval and Punch List (TAB D-5)
Selection / Allowance Schedule (TAB D-6)
Change Order (TAB D-7)
Builder’s Disclosure Statement (TAB D-8)
Waiver of List of Subcontractors and Suppliers (TAB D-9)
Lead-Based Paint Pre-Renovation Form (TAB D-10.1)
Certified Renovator’s Pre-Renovation Form (TAB D-10.2)
Certified Renovator’s Post-Renovation Form (TAB D-10.3)
EPA Renovate Right Pamphlet (TAB D-10.4)
Notice of Right of Rescission (TAB D-11)
TAB Contracts© – Table of Contents Page 3 of 3 09/01/2013
Assignment of Manufactured Product Warranties (TAB D-12)
Special Provisions Addendum (TAB D-13)
Notice Regarding Expansive Soils (TAB D-14)
Green Building Disclosure (TAB D-15)
Express Limited Home Warranty (TAB D-16)
9. Independent Contractor and Supplier Agreements
Independent Contractor Base Agreement (TAB 8.1)
Supplier Base Agreement (TAB 8.2)
Independent Design Professional Base Agreement (TAB 8.3)
Authorization to Obtain Department of Public Safety Criminal History Record (TAB
8.4)
10. Indemnity and Affidavit as to Payment of Bills and Release of Liens (TAB 9.1)
11. Agreement Between Owner and Consultant for Builder Services (TAB 10.1)
12. Residential Partially Completed Home Contract (For Use With Partially Completed
Homes Constructed on the Builder’s Property) (TAB 11.1)
Addenda:
Legal Description (TAB E-1)
Special Provisions Addendum (TAB E-2)
Financing Addendum (TAB E-3)
Addendum for Property Subject to Mandatory Membership in An Owners’
Association (TAB E-4)
Tide Waters Notice (TAB E-5)
Final Customer Walk-Thru Approval and Punch List (TAB E-6)
Selection / Allowance Schedule (TAB E-7)
Change Order (TAB E-8)
Real Estate Broker’s Fee Addendum (TAB E-9)
Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAB
E-10)
Assignment of Manufactured Product Warranties (TAB E-11)
Notice Regarding Expansive Soils (TAB E-12)
Green Building Disclosure (TAB E-13)
Express Limited Home Warranty (TAB E-14)
13. Agreement for Termination of Contract and Release (TAB 12.1)
14. Lien Waivers
Conditional Waiver and Release on Progress Payment (TAB 13.1)
Unconditional Waiver and Release on Progress Payment (TAB 13.2)
Conditional Waiver and Release on Final Payment (TAB 13.3)
Unconditional Waiver and Release on Final Payment (TAB 13.4)

Form Specifications

Fact Name Details
Version 2013 - 2015 Texas Residential Construction Contracts Package (VERSION 5.0)
Publication Date Published on September 1, 2013
Fixed Price Contract Used for homes constructed on the owner's property (TAB 1.1)
Cost Plus Contract Also for homes constructed on the owner's property (TAB 2.1)
Legal Addenda Includes legal descriptions and special provisions addenda (multiple tabs)
Change Orders Change orders are included in multiple contracts (e.g., TAB A-7, TAB B-8)
Expansive Soils Notice Notice regarding expansive soils is provided (e.g., TAB A-4, TAB B-12)
Warranty Information Express Limited Home Warranty is included (e.g., TAB A-14, TAB B-14)
Governing Law Texas law governs the use of these contracts and forms

Texas Builders Association Fixed Cost: Usage Guidelines

Filling out the Texas Builders Association Fixed Cost form is a straightforward process. Follow these steps to ensure that you complete the form accurately and efficiently.

  1. Obtain the Texas Builders Association Fixed Cost form from the official website or your local builders association office.
  2. Read through the entire form to familiarize yourself with its sections and requirements.
  3. Start with the Contract Completion Questionnaire section. Provide all requested information about the project, including the project address and the owner's details.
  4. Move on to the Residential Construction Contract – Fixed Price section. Fill in the details about the construction project, including the fixed price and scope of work.
  5. Complete any necessary addenda, such as the Schedule of Estimated Construction Costs and the Change Order form, if applicable.
  6. Review the Final Customer Walk-Thru Approval and Punch List section. Ensure that it reflects the agreed-upon terms and conditions.
  7. Sign and date the form at the designated areas. Make sure all parties involved have signed where required.
  8. Keep a copy of the completed form for your records before submitting it to the appropriate party.

Once you have filled out the form, review it carefully to ensure accuracy. After that, you can submit it as required, whether electronically or in person, depending on the guidelines provided by the Texas Builders Association.

Your Questions, Answered

What is the Texas Builders Association Fixed Cost form?

The Texas Builders Association Fixed Cost form is a standardized contract designed for residential construction projects. It outlines the terms and conditions under which a builder will complete a project for a fixed price. This form is particularly useful for homeowners who want to know the total cost upfront, providing clarity and peace of mind throughout the construction process.

Who should use the Fixed Cost form?

This form is ideal for homeowners who are building or remodeling homes on their own property. It is designed to protect both the homeowner and the builder by clearly defining the scope of work, payment terms, and responsibilities. Builders who prefer a predictable payment structure will also find this form beneficial.

What are the main components of the Fixed Cost form?

The Fixed Cost form includes several key components such as the Residential Construction Contract, a Schedule of Estimated Construction Costs, and Change Order provisions. Additionally, it features various addenda that address specific needs, such as legal descriptions, financing options, and warranties. Each section ensures that both parties have a clear understanding of their obligations and expectations.

How does the Fixed Cost form differ from the Cost Plus form?

The Fixed Cost form establishes a set price for the entire project, while the Cost Plus form allows for reimbursement of actual costs incurred, plus an additional fee. The Fixed Cost form offers certainty in budgeting, whereas the Cost Plus form may lead to variable costs depending on project changes and unforeseen expenses.

What happens if changes need to be made during construction?

If changes are required during the construction process, the Fixed Cost form includes provisions for Change Orders. These allow for adjustments to the contract terms, including changes in scope, materials, or timelines. Both parties must agree to the changes in writing to ensure clarity and avoid disputes.

Is there a warranty included with the Fixed Cost form?

Yes, the Fixed Cost form includes an Express Limited Home Warranty. This warranty provides assurance to homeowners that the construction meets certain standards and covers specific issues that may arise after completion. It’s essential for homeowners to understand the warranty terms to know what is covered and for how long.

Can the Fixed Cost form be used for remodeling projects?

Absolutely! The Fixed Cost form can be utilized for remodeling projects as well. There are specific sections within the form tailored to residential remodeling, ensuring that the unique aspects of renovation work are adequately addressed. Homeowners should select the appropriate tabs that correspond to their project type.

How can I obtain the Texas Builders Association Fixed Cost form?

The Texas Builders Association Fixed Cost form can be obtained through the Texas Builders Association’s official website or by contacting them directly. They provide the latest version of the form, ensuring that you have access to the most up-to-date information and guidelines for your construction project.

Common mistakes

  1. Incomplete Information: One common mistake is failing to fill out all required sections of the form. Each section serves a purpose, and missing information can delay processing or lead to misunderstandings.

  2. Incorrect Property Description: Providing an inaccurate legal description of the property can cause significant issues. Ensure that the description matches official records to avoid complications.

  3. Misunderstanding Contract Types: Many individuals confuse fixed-price and cost-plus contracts. It’s essential to understand which type applies to your project, as this affects pricing and payment structures.

  4. Omitting Addenda: Failing to include necessary addenda, such as the Change Order or Selection Schedule, can lead to incomplete agreements. Review the checklist to ensure all relevant documents are attached.

  5. Ignoring Expansive Soils Notice: In Texas, expansive soils can impact construction. Not acknowledging this notice can lead to unforeseen issues down the line, so it’s crucial to understand its implications.

  6. Not Reviewing for Accuracy: Before submitting, it’s important to review the entire form for accuracy. Simple typographical errors can have serious consequences, so take the time to double-check all entries.

Documents used along the form

The Texas Builders Association Fixed Cost form is a vital document in the residential construction process. It outlines the terms and conditions under which a builder will complete a project for a fixed price. This form is often accompanied by several other documents that further clarify the obligations and expectations of the parties involved. Below is a list of other forms and documents commonly used alongside the Fixed Cost form.

  • Residential Construction Contract – Cost Plus: This contract is used when the total cost of construction is not fixed. Instead, the owner agrees to pay the actual costs incurred by the builder, plus an additional fee for profit.
  • Change Order: This document is used to modify the original construction contract. It details any changes to the scope of work, materials, or costs, ensuring that both parties agree to the new terms.
  • Final Customer Walk-Thru Approval and Punch List: This form is used at the end of a project to identify any outstanding work or issues that need to be addressed before final approval is granted by the homeowner.
  • Builder’s Disclosure Statement: This document provides important information about the property and the builder's responsibilities. It includes details about warranties, materials used, and any potential issues that may affect the home.
  • Waiver of the List of Subcontractors and Suppliers: This waiver allows the builder to proceed without providing a list of subcontractors and suppliers, streamlining the construction process while still ensuring compliance with applicable regulations.
  • Express Limited Home Warranty: This warranty offers protection to the homeowner against defects in materials and workmanship for a specified period. It outlines the coverage details and the process for making claims.

These documents, when used in conjunction with the Texas Builders Association Fixed Cost form, help establish clear communication and expectations between builders and homeowners. Proper documentation is essential for a successful construction project, ensuring that all parties understand their rights and responsibilities.

Similar forms

  • Residential Construction Contract – Cost Plus: Similar to the Fixed Cost form, this contract outlines terms for construction projects but operates on a cost-plus basis, allowing for flexibility in expenses incurred during the project.

  • Residential Remodeling Contract – Fixed Price: This document serves a similar purpose as the Fixed Cost form but specifically addresses remodeling projects, providing a clear price for the work to be completed.

  • Residential Completed Home Contract: This contract is akin to the Fixed Cost form, tailored for completed homes, ensuring clear terms for buyers and builders alike.

  • Change Order: This document is comparable to the Fixed Cost form in that it allows for modifications to the original contract, ensuring all parties agree on changes and associated costs.

  • Final Customer Walk-Thru Approval and Punch List: Like the Fixed Cost form, this document is crucial for finalizing projects, ensuring that all parties are satisfied with the completed work before final payment.

  • Builder’s Disclosure Statement: This statement, similar to the Fixed Cost form, provides transparency regarding the builder's responsibilities and any potential issues, fostering trust between the builder and the homeowner.

  • Waiver of the List of Subcontractors and Suppliers: This document is akin to the Fixed Cost form as it addresses the builder's obligations regarding subcontractors, ensuring clarity in the contractual relationship.

  • Assignment of Manufactured Product Warranties: Similar to the Fixed Cost form, this document outlines the transfer of warranties for products used in construction, protecting the homeowner's investment.

  • Green Building Disclosure: This document aligns with the Fixed Cost form by emphasizing environmentally friendly practices in construction, appealing to homeowners interested in sustainability.

  • Express Limited Home Warranty: Like the Fixed Cost form, this warranty provides assurance to homeowners regarding the quality of construction and coverage for potential defects.

Dos and Don'ts

When filling out the Texas Builders Association Fixed Cost form, attention to detail is crucial. Here are four important guidelines to consider:

  • Do read all instructions thoroughly before starting. Understanding the requirements will help avoid mistakes.
  • Do ensure all information is accurate and complete. Double-check figures and details to prevent delays.
  • Don't leave any sections blank unless instructed. Omissions can lead to processing issues.
  • Don't rush through the form. Take your time to review each entry for clarity and correctness.

Misconceptions

  • Misconception 1: The Fixed Cost form guarantees a fixed price for all construction.
  • This form outlines a fixed price for specific work, but it does not cover unforeseen changes or additional work that may arise during construction.

  • Misconception 2: The form is only applicable for new home construction.
  • The Fixed Cost form can also be used for remodeling projects, as it accommodates various types of residential construction contracts.

  • Misconception 3: All costs are included in the fixed price.
  • While the form specifies a fixed price, it may not encompass all potential costs, such as permits, inspections, or unforeseen site conditions.

  • Misconception 4: Homeowners have no control over the selection of materials.
  • The form includes a Selection / Allowance Schedule, allowing homeowners to make choices regarding materials and finishes within agreed-upon allowances.

  • Misconception 5: The contract cannot be modified once signed.
  • Change Orders can be issued to modify the contract terms, including scope and pricing, as long as both parties agree.

  • Misconception 6: The form is legally binding without any additional documentation.
  • While the Fixed Cost form is a legal document, it often requires accompanying addenda and disclosures to be fully enforceable.

  • Misconception 7: The builder is responsible for all delays.
  • Delays caused by factors outside the builder's control, such as weather or supply chain issues, may not be the builder's responsibility under the terms of the contract.

  • Misconception 8: There is no warranty on the construction work.
  • The form may include provisions for warranties, such as an Express Limited Home Warranty, ensuring some level of protection for the homeowner.

Key takeaways

Filling out and using the Texas Builders Association Fixed Cost form can be straightforward if you keep a few key points in mind. Here are some important takeaways:

  • Understand the Purpose: This form is designed for residential construction contracts, particularly for homes built on the owner’s property.
  • Review the Instructions: Always start by reading the instructions provided with the form. They will guide you through the necessary steps.
  • Complete the Contract Completion Questionnaire: This section helps clarify project specifics, ensuring all parties are on the same page.
  • Use the Right Tabs: Each tab corresponds to different types of contracts or addenda. Make sure you’re using the appropriate one for your situation.
  • Document Costs Accurately: Fill out the Schedule of Estimated Construction Costs carefully. Accurate figures help prevent misunderstandings later.
  • Request Draws Properly: Use the Draw Request Form to request payments at various stages of construction. This keeps cash flow organized.
  • Keep Records: Maintain copies of all documents, including change orders and waivers. This documentation can be crucial for resolving disputes.
  • Be Aware of Addenda: Familiarize yourself with all addenda options, such as the Green Building Disclosure or the Builder’s Disclosure Statement.
  • Consult Professionals: If you have questions or uncertainties, consider consulting a legal or construction professional for guidance.

By following these key takeaways, you can navigate the Texas Builders Association Fixed Cost form more effectively and ensure a smoother construction process.