every step of the way
Cost Plus Protection Checklist
Cost plus contracting works — when four pillars are in place. Without them, you’re rappelling without a rope. This checklist captures the sixteen moves that turn an open-book contract from a risk into a project you can actually manage. Work it before the first invoice. Bring it to your contractor meeting. Keep it visible through construction.
The Four Pillars of Cost Plus Protection
Each pillar holds up a different part of the contract. As you check items below, each pillar’s meter updates. A pillar turns green when complete.
Five things to settle before the first invoice
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Billing frequency confirmed in writingWeekly, biweekly, monthly — whatever cadence you and the contractor agree to. The point is that it’s written, not assumed. Surprise invoices kill cost plus relationships faster than anything else.
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Loaded hourly rates documented for every tradeThe rate billed to you must include wages, payroll taxes, workers comp, benefits, and any general conditions allocations. Get the loaded number per trade in writing — carpenter, laborer, foreman, project manager — so you’re not surprised when an invoice arrives.
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Payroll honesty conversation completedYou’ve asked: are these the real loaded rates, or are they marked up? A contractor who can’t answer this clearly isn’t ready for cost plus. The one who answers honestly — even when the number is higher than you hoped — is the one to work with.
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Contractor’s own time treated separately and explicitlyIf the owner of the business is also on the job swinging a hammer, that time gets billed at a stated rate that’s separate from the company markup. No double-dipping — once through the markup, once through hourly billing. One or the other, never both.
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Mistake handling agreed upon in advanceWhen a subcontractor measures wrong and has to redo work, who eats the cost — the contractor or you? Cost plus without this conversation defaults to billing the homeowner for every error. Settle the principle before there’s a real bill on the table.
On a cost plus job, the documentation is the protection
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Receipt protocol established: every receipt identifies the projectIf your contractor runs three jobs and brings a Home Depot receipt without a project name on it, you have no way to know whose materials you’re paying for. Receipts get a project ID written on them at the register or on the invoice header — every time, no exceptions.
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WBS tagging in place for every line itemWork Breakdown Structure tagging means every charge — labor hour, material, subcontract — is coded to a category like Foundation, Framing, MEP rough, Drywall, Finishes. Without this, an invoice is one big number. With this, an invoice is a story you can read.
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Seven-to-ten day invoice review window agreedWhen an invoice arrives, you have seven to ten days to review it, ask questions, and approve or push back. The contractor agrees not to treat silence as approval — the clock is the clock, but the conversation must happen.
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Backup documentation format defined and tested on invoice oneEach invoice arrives with receipts, time records, and subcontractor invoices attached. You and the contractor have agreed on the format — PDF bundle, shared folder, cloud accounting login — and you tested it on the first invoice so issues surface before the project is large.
Four moves that inch cost plus toward fixed price
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Budget by WBS category — not one total numberA budget that reads “Foundation: $45K, Framing: $90K, Mechanical: $60K…” gives you a yardstick. A budget that reads “$750K total” gives you nothing. The category budget is the basis for monthly cost accounting against the WBS-tagged invoices.
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NTE (Not To Exceed) clause negotiated and signedAn NTE cap turns cost plus into a hybrid: open-book mechanics with a ceiling. The contractor agrees that the total cost won’t exceed a number — and if it would, the conversation happens before, not after. The AIA A102 contract format is built for this.
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Monthly cost accounting against the budget happening on scheduleEvery month, side by side: what each WBS category was budgeted for, what’s been spent against it, what’s projected to complete. This is what the WBS tagging makes possible. Without the monthly review, the tagging is just paperwork.
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Completion incentive structure agreed (50/50 or 70/30)If the project comes in under the NTE cap, how do you and the contractor split the savings? A 50/50 split shares the upside fairly. A 70/30 in favor of the homeowner reflects the homeowner carrying most of the risk. Either works — what doesn’t work is leaving this unsaid.
Open-book transparency only works if someone is opening the book
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Reviewer engaged: architect (CA services) or owner’s agentConstruction Administration services from your architect, or an independent owner’s agent — someone other than you, with construction expertise, reviewing every invoice. Typical fee: one to three percent of project cost, which on a $500K job is $5K–$15K. This is the cheapest insurance in residential construction.
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Reviewer scope explicit in their contractThe reviewer’s contract spells out: review every invoice within the seven-to-ten day window, verify backup documentation, flag WBS variances against budget, raise mistake-charge questions, walk the site monthly to verify physical progress matches billed progress.
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Three-way review rhythm established: contractor → reviewer → youInvoice arrives to you and reviewer simultaneously. Reviewer flags items within five business days. You and reviewer caucus, then sit with the contractor. The rhythm is regular — not “let’s catch up sometime.”
Same contract structure. Different outcomes.
Both projects ran on cost plus. The difference wasn’t the contract — it was whether the four pillars were standing up underneath it.
Loaded labor rates documented before construction. Receipts tagged by WBS from invoice one. NTE cap of $625K. CA services from their architect at 2% of project cost.
When subs measured wrong twice and triggered redo work, the architect flagged the mistake-charge attempts and the conversation was professional, not adversarial.
Final result: 4% under the NTE cap. $10K back to the McMillans under the shared-savings provision.
No loaded-rate documentation. Receipts came in batches without project tags. No NTE. No CA reviewer — Ben and Jane reviewed invoices themselves, when they had time, which was rarely.
Subcontractor errors got billed through. The contractor’s own time was billed hourly on top of labor markup. WBS categories ran 30, 40, 60 percent over with no early warning.
Final result: 40% over budget. Project finished, but the relationship didn’t survive it.
