The Texas Builders Association Fixed Cost form is a comprehensive document designed for residential construction contracts. It serves as a guide for builders and homeowners, detailing the terms and conditions under which construction projects are executed. Understanding this form is crucial for ensuring a smooth building process and protecting the interests of all parties involved.
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When filling out the Texas Builders Association Fixed Cost form, attention to detail is crucial. Here are some important dos and don'ts to keep in mind:
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)
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
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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)
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)
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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)
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)
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Texas Certificate of Conversion Foreign Entity - All corporate documents submitted should accurately reflect the names and details of the relevant parties.
Vtr 214 - The Texas Parking VTR 214 form is an application for a parking placard or license plate for persons with disabilities.
Public Information Report - It captures the NAICS code, which classifies the business type.
The Texas Builders Association Fixed Cost form is a crucial document for residential construction projects in Texas. It outlines the terms and conditions of a fixed-price contract between builders and homeowners. Alongside this form, several other documents are typically used to ensure clarity and compliance throughout the construction process. Below are some of the key forms that complement the Fixed Cost form.
Utilizing these documents alongside the Texas Builders Association Fixed Cost form helps ensure that both builders and homeowners are on the same page. Clear communication and proper documentation are vital for a successful construction project.
Completing the Texas Builders Association Fixed Cost form can be a straightforward process, but many people inadvertently make mistakes that could lead to complications down the line. One common error is failing to read the instructions carefully. The form comes with specific guidelines that are essential for ensuring all necessary information is provided. Skipping this step can result in incomplete submissions, which may delay the project.
Another frequent mistake involves inaccurate information. When filling out the form, it is crucial to double-check all entries for accuracy. This includes verifying numbers, names, and addresses. An error as simple as a misspelled name or an incorrect figure can create significant issues later, particularly when it comes to legal matters or financial transactions.
Many individuals also overlook the importance of including all relevant addenda. Each section of the form may require additional documents or schedules to provide a complete picture of the project. Failing to include these addenda can lead to misunderstandings or disputes between parties involved in the construction process.
Additionally, some people neglect to sign the form or provide the necessary signatures from all parties involved. A signature signifies agreement and understanding of the terms outlined in the contract. Without proper signatures, the contract may not be enforceable, leaving parties vulnerable to potential disputes.
Another common pitfall is not keeping a copy of the submitted form. It is essential to retain a copy for personal records. This documentation can serve as a reference point in case any questions arise later or if any changes need to be made. Failing to do so can lead to confusion and miscommunication.
Lastly, many individuals forget to review the completed form before submission. Taking the time to go through the entire document can help catch any overlooked mistakes or missing information. A thorough review ensures that everything is in order and can prevent delays or complications in the construction process.
This form can be used for various residential projects, regardless of size. It is designed to provide clarity and structure for both homeowners and builders.
While the form establishes a fixed price, it includes provisions for change orders. Homeowners can request modifications, and these will be documented appropriately.
Builders have the option to choose different contracts that best fit their business model. The Fixed Cost form is a recommended option but not mandatory.
While the form provides a solid foundation for agreements, it does not cover every possible scenario. Homeowners should still conduct due diligence and communicate openly with their builders.
These two forms serve different purposes. The Fixed Cost form establishes a set price, while a Cost Plus contract allows for costs to be billed as they occur, plus a fee for the builder.
Though the version dates back to 2013, it has been widely used and remains applicable. Builders and homeowners can still rely on its framework for clarity in agreements.
Signing the form is just the beginning. It sets the stage for communication and collaboration throughout the construction journey. Regular updates and discussions are essential to ensure a successful project.
When using the Texas Builders Association Fixed Cost form, there are several important aspects to keep in mind. Here are ten key takeaways to help guide you through the process:
Filling out the Texas Builders Association Fixed Cost form requires attention to detail and careful completion of each section. This guide will help you navigate the process smoothly.
After completing the form, ensure that all parties involved have copies for their records. This will help maintain clarity and accountability throughout the construction process.