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Blank Texas Builders Association Fixed Cost PDF Template

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Contents

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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 1 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

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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)

TAB Contracts© – Table of Contents

Page 3 of 3

09/01/2013

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Common mistakes

  1. Inaccurate Information: Failing to provide correct details about the project, such as the address or legal description, can lead to significant issues down the line.

  2. Missing Signatures: Not signing the form or having the necessary parties sign can render the contract invalid.

  3. Inadequate Cost Estimates: Underestimating costs in the Schedule of Estimated Construction Costs can lead to budget overruns and disputes.

  4. Ignoring Addenda: Failing to include or reference relevant addenda, like the Change Order or Selection Schedule, may create gaps in the contract.

  5. Improper Use of Forms: Using a form intended for a different type of contract, such as Cost Plus instead of Fixed Price, can complicate the agreement.

  6. Not Reviewing Terms: Overlooking the specific terms and conditions, such as warranties or indemnity clauses, can lead to misunderstandings.

  7. Failure to Disclose: Not providing required disclosures, such as the Notice Regarding Expansive Soils, can lead to legal complications.

  8. Neglecting to Update: Not revising the form to reflect changes in project scope or costs can result in outdated or incorrect information.

Key takeaways

  • The Texas Builders Association Fixed Cost form is designed for residential construction contracts, specifically for homes built on the owner’s property.

  • It is essential to follow the instructions provided in the form to ensure accurate completion and compliance with Texas regulations.

  • The form includes a Contract Completion Questionnaire to gather necessary information before starting the project.

  • Various tabs provide specific contracts for different scenarios, including fixed price and cost-plus contracts.

  • Each contract type has associated addenda that may need to be completed, such as the Legal Description and Change Order forms.

  • It is important to use the Draw Request Form to request payments at various stages of construction.

  • The form addresses potential issues such as expansive soils and includes a Notice Regarding Expansive Soils to inform homeowners of risks.

  • A Final Customer Walk-Thru Approval and Punch List is included to ensure all work meets the owner's satisfaction before final payment.

  • Understanding the Green Building Disclosure can help homeowners make environmentally conscious decisions during construction.

⇓ Texas Builders Association Fixed Cost PDF

Steps to Using Texas Builders Association Fixed Cost

Filling out the Texas Builders Association Fixed Cost form requires attention to detail and a clear understanding of the information needed. This form is essential for establishing a fixed price for residential construction projects. Follow these steps to ensure you complete the form accurately and efficiently.

  1. Begin by reviewing the entire form to familiarize yourself with its sections and requirements.
  2. Gather all necessary documentation, such as project details, cost estimates, and any relevant contracts.
  3. Start with the Contract Completion Questionnaire. Fill in the required information regarding the project and the parties involved.
  4. Move to the Residential Construction Contract – Fixed Price section. Input the details about the property, including the legal description.
  5. Provide a Schedule of Estimated Construction Costs. List all anticipated costs associated with the project.
  6. Complete the Draw Request Form if applicable, detailing the payment schedule.
  7. Address any additional addenda that may be relevant, such as the Change Order or Builder’s Disclosure Statement.
  8. Review all entries for accuracy and completeness. Make sure all required signatures are obtained.
  9. Submit the completed form to the appropriate parties, ensuring that copies are kept for your records.