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Stipulated Price Contract for the United States

Stipulated Price Contract Template for United States

A Stipulated Price Contract is a legally binding agreement used in the United States where the contractor agrees to perform specified work for a fixed price. This contract type transfers most of the risk to the contractor, who agrees to complete the project for a predetermined sum regardless of actual costs incurred. The document includes detailed specifications, timelines, quality standards, and payment terms, providing clarity and certainty for both parties while complying with U.S. federal and state contracting laws.

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What is a Stipulated Price Contract?

The Stipulated Price Contract is widely used in the United States when project scope can be clearly defined and quantified. It provides cost certainty for owners while allowing contractors to potentially increase profits through efficient project management. This contract type is particularly suitable for projects with well-defined specifications, minimal likelihood of changes, and stable market conditions. The document typically includes comprehensive scope definitions, payment schedules, quality requirements, and risk allocation provisions, all structured to comply with relevant U.S. federal and state contracting laws.

What sections should be included in a Stipulated Price Contract?

1. Parties: Identifies and defines all parties to the contract

2. Background/Recitals: States the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the contract

4. Scope of Work: Detailed description of the work to be performed

5. Contract Price: Stipulated price and payment terms

6. Project Timeline: Schedule of work and completion dates

7. Performance Standards: Quality requirements and acceptance criteria

8. General Conditions: Standard terms and conditions

What sections are optional to include in a Stipulated Price Contract?

1. Change Orders: Procedures for modifications to scope - recommended for complex projects likely to require changes

2. Liquidated Damages: Predetermined damages for breach - recommended when specific losses can be calculated in advance

3. Force Majeure: Provisions for unforeseen circumstances - recommended for longer-term contracts or high-risk environments

4. Dispute Resolution: Alternative dispute resolution procedures - recommended for high-value contracts or complex relationships

What schedules should be included in a Stipulated Price Contract?

1. Schedule A - Detailed Scope of Work: Comprehensive description of deliverables and specifications

2. Schedule B - Price Breakdown: Detailed cost analysis and payment schedule

3. Schedule C - Project Timeline: Detailed project schedule with milestones

4. Schedule D - Technical Specifications: Detailed technical requirements and standards

5. Schedule E - Insurance Requirements: Required insurance coverage and limits

6. Schedule F - Key Personnel: List of key team members and their roles

7. Schedule G - Forms and Templates: Standard forms for change orders, progress payments, etc.

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses




















Industries

Federal Contract Common Law: Fundamental principles governing contract formation, performance, and enforcement at the federal level, including offer, acceptance, consideration, and breach remedies

Uniform Commercial Code (UCC): Standardized regulations governing commercial transactions, particularly relevant if the contract involves the sale of goods

Federal Acquisition Regulation (FAR): Comprehensive set of rules governing federal government procurement contracts and procedures

Miller Act: Federal law requiring performance bonds and payment bonds for federal construction projects exceeding $100,000

State Contract Laws: State-specific statutes and regulations governing contract formation, enforcement, and remedies within the particular state's jurisdiction

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage, overtime pay, recordkeeping, and youth employment standards

Davis-Bacon Act: Federal law requiring payment of prevailing wages on federally funded construction projects

Workers' Compensation Laws: State-specific requirements for employers to provide insurance coverage for work-related injuries and illnesses

Building Codes and Permits: Local and state regulations governing construction standards, safety requirements, and necessary permits

Mechanics' Lien Laws: State-specific laws protecting contractors' and suppliers' rights to payment for services or materials provided

OSHA Regulations: Federal and state safety and health regulations governing workplace conditions and requirements

Prompt Payment Acts: Federal and state laws establishing payment timeframes and penalties for late payments in construction contracts

State Arbitration Laws: Regulations governing alternative dispute resolution procedures and enforcement of arbitration agreements

Professional Licensing Requirements: State-specific regulations governing required licenses and certifications for contractors and professionals

Insurance Requirements: State and federal regulations specifying mandatory insurance coverage types and limits for construction projects

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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