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Fill Your Texas Builders Association Fixed Cost Form

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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Dos and Don'ts

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:

  • Do read all instructions carefully before starting. Understanding the requirements can save time and prevent mistakes.
  • Do ensure all information is accurate and complete. Double-check names, addresses, and dates to avoid any discrepancies.
  • Do use clear and legible handwriting or type your responses. Clarity is key for processing your form without confusion.
  • Do keep a copy of the completed form for your records. This can be helpful for future reference or if questions arise.
  • Do ask for help if you're unsure about any section. It's better to seek clarification than to guess.
  • Don't rush through the form. Taking your time can help you avoid careless errors.
  • Don't leave any required fields blank. Missing information can lead to delays in processing.
  • Don't use abbreviations or shorthand unless specified. This can lead to misunderstandings.
  • Don't forget to sign and date the form where required. An unsigned form may not be accepted.
  • Don't ignore deadlines. Submitting your form on time is essential to ensure compliance.

Sample - Texas Builders Association Fixed Cost Form

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

More PDF Templates

Documents used along the form

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.

  • Residential Construction Contract – Cost Plus: This contract is used when the homeowner agrees to pay for the actual costs of construction plus a fee for the builder's services. It provides flexibility for projects where costs may vary significantly.
  • Change Order: This document is essential for managing any changes to the original construction contract. It details modifications to the scope of work, costs, and timelines, ensuring both parties agree to the adjustments.
  • Final Customer Walk-Thru Approval and Punch List: This form is used at the end of the construction project. It allows the homeowner to inspect the work and note any final adjustments needed before acceptance of the completed project.
  • Builder’s Disclosure Statement: This statement informs the homeowner of any known issues related to the property, such as existing defects or potential problems. It promotes transparency and helps manage expectations.
  • Waiver of the List of Subcontractors and Suppliers: This waiver allows the builder to proceed without providing a list of subcontractors and suppliers to the homeowner, streamlining the process and reducing administrative burdens.

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.

Common mistakes

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.

Misconceptions

  • Misconception 1: The Fixed Cost form is only suitable for large construction projects.
  • 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.

  • Misconception 2: Using the Fixed Cost form means there are no opportunities for changes during construction.
  • While the form establishes a fixed price, it includes provisions for change orders. Homeowners can request modifications, and these will be documented appropriately.

  • Misconception 3: All builders must use the Texas Builders Association Fixed Cost form.
  • 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.

  • Misconception 4: The Fixed Cost form protects homeowners from all potential issues.
  • 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.

  • Misconception 5: The Fixed Cost form is the same as a Cost Plus contract.
  • 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.

  • Misconception 6: The form is outdated and not relevant to current construction practices.
  • 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.

  • Misconception 7: Signing the Fixed Cost form is the final step in the construction process.
  • 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.

Key takeaways

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:

  • Understand the Purpose: This form is designed for residential construction contracts, specifically for fixed-price agreements.
  • Review the Instructions: Always start by reading the instructions section carefully to ensure you understand how to fill out the form correctly.
  • Complete the Contract Completion Questionnaire: This section helps clarify the details of the project and ensures all parties are on the same page.
  • Choose the Right Contract: Depending on whether the home is built on the owner’s or builder’s property, select the appropriate contract template.
  • Use Addenda Wisely: Several addenda are available to address specific circumstances, such as financing and special provisions. Utilize them as needed.
  • Document Costs Accurately: Fill out the Schedule of Estimated Construction Costs thoroughly to provide a clear budget for the project.
  • Request Draws Properly: Use the Draw Request Form to ensure timely payments and maintain cash flow throughout the construction process.
  • Conduct Walk-Throughs: Schedule final customer walk-throughs and prepare punch lists to address any outstanding issues before project completion.
  • Keep Records: Maintain copies of all documents, including contracts and waivers, for your records and future reference.
  • Consult a Professional: If you have questions or concerns, consider consulting with a legal expert or a construction professional to ensure compliance and protect your interests.

File Characteristics

Fact Name Details
Version and Publication Date The Texas Builders Association Fixed Cost form is part of the 2013 - 2015 Texas Residential Construction Contracts Package, published on September 1, 2013.
Contract Types This form includes various contract types, such as Fixed Price and Cost Plus, specifically for homes constructed on the owner’s property.
Governing Laws The contracts adhere to Texas law, particularly the Texas Business and Commerce Code and the Texas Property Code.
Addenda Included The package contains multiple addenda, including those for legal descriptions, construction costs, and notices regarding expansive soils.

How to Use Texas Builders Association Fixed Cost

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.

  1. Obtain the Texas Builders Association Fixed Cost form from the official website or your local association office.
  2. Read the Disclaimer section to understand any limitations or requirements.
  3. Review the Table of Contents to familiarize yourself with the sections included in the form.
  4. Start with the Contract Completion Questionnaire. Fill out all necessary information regarding the project.
  5. Proceed to the Residential Construction Contract – Fixed Price section. Enter details about the property and the scope of work.
  6. Complete the Schedule of Estimated Construction Costs. List all expected costs associated with the project.
  7. Fill out the Selection / Allowance Schedule to specify selections for materials and allowances.
  8. Include any necessary Addenda as required for your specific project, such as the Change Order or Builder’s Disclosure Statement.
  9. Review your entries for accuracy and completeness.
  10. Sign and date the form where indicated.
  11. Submit the completed form to the appropriate party, whether it be the client or your association.

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.