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Alaska Construction Contract Cost Plus or Fixed Fee

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CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between , having an address at ("Contractor") and , having an address at ("Owner").

For valuable consideration the parties hereby agree as follows:

1. SCOPE OF WORK: Contractor shall provide all labor and materials, and perform all work necessary for the completion of the residence, structure, or improvements as described in the drawings and specifications signed by both Owner and Contractor (“Project”) and more particularly described as

Such drawings and specifications are hereby made a part of this Contract. Drawings and specifications shall contain a scale drawing showing the shape, size, and dimensions of the construction and equipment together with a description of the work to be done, materials to be used, and the equipment to be used or installed.

2. WORK SITE: The Project shall be constructed on the property of Owner located at

and more particularly described as

(hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor.

3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before .

Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials.

4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price.

5. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary excavation and grading shall be agreed to in a Change Order for an amount in addition to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site.

6. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance.

7. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site.

8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost.

9. CONTRACT PRICE:

{COST PLUS}

Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows:

OR

{FIXED FEE}

Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows:

Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due.

10. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month.

11. RIGHT TO CURE: Contractor shall have the right to cure a defect before Owner may file any action in court against Contractor. See the “Notice of Potential Claims Must be Provided within One Year” attached hereto and made a part of this Contract.

12. DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.

13. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect.

14. INTERPRETATION:

(a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Alaska.

15. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.

16. PERFORMANCE:

(a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project.

(b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

17. WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within one (1) year from the date hereof. All said defects arising after one (1) year and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials.

AGREED:

CONTRACTOR:

Signature

Print Name & Title

Date

License Number

Name and Address of License Holder

OWNER:

Signature

Print Name

Date

NOTICE OF POTENTIAL CLAIMS MUST BE PROVIDED WITHIN ONE YEAR

ALASKA LAW AT AS 09.45.881-09.45.899 CONTAINS IMPORTANT REQUIREMENTS THAT YOU MUST FOLLOW BEFORE YOU MAY FILE A COURT ACTION FOR DEFECTIVE DESIGN, CONSTRUCTION, OR REMODELING AGAINST THE DESIGNER, BUILDER OR REMODELER OF YOUR HOME. WITHIN ONE YEAR OF THE DISCOVERY OF A DESIGN, CONSTRUCTION, OR REMODELING DEFECT, BEFORE YOU FILE A COURT ACTION, YOU MUST DELIVER TO THE DESIGNER, BUILDER OR REMODELER A WRITTEN NOTICE OF ANY DESIGN, CONSTRUCTION, OR REMODELING CONDITIONS YOU ALLEGE ARE DEFECTIVE IN ORDER TO PROVIDE YOUR DESIGNER, BUILDER, OR REMODELER WITH THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS.

YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE DESIGNER, BUILDER OR REMODER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR RIGHT TO FILE A COURT ACTION. ALASKA LAW AT AS 09.45.895 CONTAINS LIMITATIONS TO THE AMOUNT OF DAMAGES THAT MAY BE RECOVERED IN A COURT ACTION FOR DEFECTIVE DESIGN, CONSTRUCTION OR REMODELING.

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What this Alaska construction contract covers

The Alaska Construction Contract Cost Plus or Fixed Fee is a contract form that sets payment terms, scope, and administrative procedures for construction work in Alaska. It lets parties choose a cost-plus reimbursement model—owner pays allowable costs plus a fee—or a fixed-fee model with a defined total price. The document defines reimbursable cost categories, fee calculation, invoicing cadence, retainage, change order procedures, insurance and bonding requirements, and dispute resolution to reduce ambiguity during project execution.

Why a clear cost-plus or fixed fee contract matters

Provides a clear payment framework that reduces disputes by defining reimbursable costs, allowable overhead, and fee calculation or a guaranteed total price. Clarifies change order handling, schedule expectations, and payment timing to help manage cash flow and project risk.

Why a clear cost-plus or fixed fee contract matters

Who commonly uses this form

Suitable for project owners, general contractors, and subcontractors engaged in Alaska construction work and for public procurement under local regulations.

  • Project owners: define budgets, approve change orders, and manage reimbursement oversight.
  • General contractors: track costs, submit invoices, and establish overhead and fee calculations.
  • Subcontractors: confirm scope, billing rates, retain lien rights, and coordinate payments.

Use with attorney review for complex projects or when bonding, insurance, or public contracting rules apply.

Core sections to include and why they matter

Essential sections of an Alaska Construction Contract Cost Plus or Fixed Fee and why each matters during project administration and contract enforcement.

Parties

Identify owner, contractor, and agents by full legal name, business type, primary contact, and authorized signatories to ensure enforceability and proper billing.

Scope

Describe work in detail, reference plans and specifications, attach exhibits, list deliverables, and set acceptance criteria to limit disputes and scope creep.

Contract Type

Specify Cost Plus or Fixed Fee selection, define allowable costs, markups, audit rights, and how the fee or percentage is calculated and applied.

Payment

Set invoicing intervals, retainage percentage, approval process, required backup documentation, and terms for final payment and release of retainage.

Change Orders

Define approval authority, pricing method, time impact assessment, and required documentation for scope or schedule modifications to avoid unauthorized work.

Dispute Resolution

Specify negotiation steps, mediation and arbitration clauses or chosen venue, governing law, and interim payment handling during disputes.

Required information and essential fields

Contractor Name: Full legal business or individual name.
Owner Name: Full legal name as on title.
Project Address: Street, city, Alaska, ZIP code.
Contract Type: Select Cost-Plus or Fixed-Fee.
Fee Formula: Describe fee rate or lump-sum total.
Effective Date: Enter as MM/DD/YYYY format.

Step-by-step execution checklist

Follow these steps to complete and execute the Alaska Construction Contract Cost Plus or Fixed Fee accurately.

  • 01
    Prepare Documents: Gather plans, specs, permits, and insurance certificates.
  • 02
    Choose Contract Type: Select cost-plus terms or fixed-fee total.
  • 03
    Fill Fields: Enter parties, dates, scope, and fee details.
  • 04
    Execute & Record: Signatures, notarization if required, distribute copies.

Set up an electronic signing workflow

Configure an electronic workflow to collect signatures, track approvals, and store final copies securely and preserve audit trails.

Field Configuration
Document Template Upload Word or PDF; set mandatory fields.
Signer Roles Assign owner, contractor, reviewer roles and order.
Authentication Use email, SMS code, or advanced methods.
Notifications Set reminders and approval escalation rules.

Where to send signed copies and filings

After execution, route copies to parties, file with municipal building department if required, and archive contract records.

  • Owner: Retain original; distribute certified copy to contractor.
  • Contractor: Keep billing records and upload certificates of insurance.
  • Local Filing: Submit permits or contract copies to city or borough.
  • Public Contracts: Comply with procurement posting and bond filing rules.

Digital signing and secure storage requirements

Use an e-signature platform that produces tamper-evident PDFs, audit trails, and secure storage compliant with U.S. e-signature laws and industry standards.

  • File Formats: PDF, DOCX, and fillable forms supported.
  • Integrations: Procore, NetSuite, Google Workspace, Microsoft 365.
  • Security: AES-256 at rest; TLS 1.2/1.3 in transit.

Key deadlines and timing expectations

Key contract deadlines and timing expectations for payments, notices, and statutory filings under Alaska procedures including retainage release schedules.

Interim Payments:

Submit monthly invoices within 30 days of milestone completion.

Retainage Release:

Release withheld retainage per schedule or 30 days post-acceptance.

Change Order Notices:

Give written notice within contract-specified period, typically 7–21 days.

Lien Filing:

Contractors must timely serve lien notices under Alaska statutes.

Final Accounting:

Submit final invoice and audit documents within 60 days.

Project milestones from award through closeout

Milestone sequence from contract award through project closeout and final payment with recordkeeping steps noted.

01

Contract Award

Execute agreement, collect bonds and insurance certificates.

02

Mobilization

Contractor begins site setup and initial procurement.

03

Progress Billing

Submit periodic invoices, owner reviews, and interim payments.

04

Closeout

Complete punchlist, deliver warranties, and request final payment.

Common preparation errors to avoid

  • Omitting detailed cost definitions leads to disputes; contractors and owners differ on overhead allocation, subcontractor markup, and reimbursable expense categories without explicit language.
  • Failing to attach plans, specifications, and addenda can void scope clarity and produce change orders that increase costs and delay schedules.
  • Using vague change order procedures or lacking approval authority causes unauthorized work and payment disagreement; document precise signatories and approval timelines.
  • Incorrectly completed signature blocks or missing corporate resolutions for signatories can invalidate execution and cause administrative delays in public contracting.

Consequences of incorrect or incomplete contracts

Payment Delays: Cash flow disruption, contractor claims.
Lien Risk: Unpaid parties may file liens.
Tax Reporting: 1099 and backup withholding risks.
Regulatory Noncompliance: Permit or bonding violations.
Contract Disputes: Arbitration or litigation exposure.
Notary Errors: Invalid signatures, execution challenges.

eSignature vendor comparison for executing this contract

Basic vendor comparison showing starting prices, trial availability, bulk send, audit trail, HIPAA options, and envelope limits; signNow appears first per comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-world examples of online contract execution

Two brief examples showing how organizations completed contract workflows and reduced administrative friction using electronic signing and secure storage.

Martin Properties — remote execution

Martin Properties used digital signatures to execute contract amendments and vendor agreements across remote project sites during renovation projects.

  • signNow handled mobile signing and offline capability.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures LLC — streamlined approvals

Optica Ventures simplified owner approvals and subcontractor invoicing during multiple small projects across Alaska.

  • Centralized templates reduced review time.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Who may sign and bind the parties

Owner / Project Manager

Typically the owner or designated project manager signs on the owner's behalf. Ensure the signer has authority to approve budgets, change orders, and accept final deliverables; attach delegation documents when authority is limited.

Authorized Signatory, Contractor

A company officer or other authorized representative signs for the contractor. For corporations, include a corporate resolution or power of attorney if signatory authority is not evident from the contract.

Frequently asked questions and quick answers

Answers to common questions about execution, notarization, e-signing, and dispute handling for Alaska construction contracts.


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