Corven & Ashby, cost and risk advisory

GMP vs lump sum vs cost plus, read from the owner side of the table

Contracts and delivery methods

GMP vs lump sum vs cost plus is not a ranking. Each form places the cost risk somewhere different and gives the owner a different amount of visibility, and the right one depends on how finished the design is and how much you want to watch.

The three forms in one paragraph each

Lump sum. The contractor agrees a fixed price for a defined scope. If it costs more, that is the contractor problem. If it costs less, that is the contractor gain. The owner sees a number and not the build up behind it.

Cost plus. The owner pays the actual cost of the work plus an agreed fee. There is no ceiling. The owner sees everything, including every invoice, and carries the cost risk.

Guaranteed maximum price. Cost plus with a ceiling. The owner pays actual cost plus fee up to a maximum, sees the build up, and the contractor carries the cost above the ceiling for the defined scope.

Put like that the guaranteed maximum price looks like the best of both, which is why it is common, and it is genuinely a good instrument.

What the summary hides is that all three depend on the same thing: a definition of the scope. Lump sum without a complete definition is a fixed price for an ambiguous object. A ceiling without a complete definition is a ceiling over part of the work.

So the real comparison is not between three pricing mechanisms. It is between three ways of handling incomplete information.

GMP vs lump sum vs cost plus, by what the owner actually holds

Who carries cost above the estimate. Lump sum: the contractor, for the defined scope. Cost plus: the owner, entirely. Guaranteed maximum price: the contractor above the ceiling, for the defined scope, which is narrower than the whole project cost.

What the owner can see. Lump sum: a schedule of values and nothing behind it. Cost plus and guaranteed maximum price: open book, meaning subcontracts, invoices and the contractor own cost records.

Who benefits from savings. Lump sum: the contractor keeps everything. Cost plus: the owner keeps everything. Guaranteed maximum price: a shared savings clause decides, and the split is negotiated.

When it can be used. Lump sum needs a complete design to be meaningful. Cost plus works at any stage. A guaranteed maximum price is usually set somewhere between sixty and ninety percent design completion.

Where the argument goes. Lump sum: what was included in the scope. Cost plus: whether a cost is allowable. Guaranteed maximum price: both, plus whether a change is inside or outside the ceiling.

The trade that actually matters

Strip away the mechanics and the choice comes down to one thing: how much of the design is finished when you need to commit.

If the design is genuinely complete, lump sum with competitive bidding is hard to beat. You get a price tested by a market, the risk sits with the contractor, and the administration is light.

If the design is nowhere near complete but the project must start, cost plus is honest. Everybody knows the number is unknown and the contract does not pretend otherwise.

The guaranteed maximum price occupies the middle, where the design is advanced enough to describe but not complete enough to price with confidence, and it is the middle where most commercial construction lives.

Its weakness is precisely the middle position. The ceiling is set against a definition that is incomplete by construction, and the gap between the definition and the finished building is filled with allowances, qualifications and exclusions.

What each of those does to the ceiling is set out in what a guaranteed maximum price actually guarantees.

A worked example

Example only$2.4M

Illustrative figures. Not taken from any client project and not a quotation.

The same project, at seventy percent design, priced three ways.

Lump sum: $58 million. The contractor prices the ambiguity in its own favor, because it carries it. Contingency inside the price is invisible and probably substantial, and the owner sees no build up.

Cost plus with a fee: estimated at $54 million with no ceiling. The owner sees everything and carries all of the risk.

Guaranteed maximum price: $55.5 million with a stated contractor contingency of $1.4 million, nineteen allowances totaling $3.6 million and eleven exclusions.

The guaranteed maximum price looks like the middle number and it is not directly comparable to either of the others, because $3.6 million of it is placeholders and the exclusions are owner cost outside the ceiling.

Realistic owner cost under the third option, with allowances landing at a typical variance and two exclusions encountered: roughly $57.9 million, or $2.4 million above the headline. Which is close to the lump sum, arrived at with considerably more visibility and considerably more administration.

What the choice should turn on

Four questions, answered honestly, decide it more reliably than any general preference.

How complete is the design, really? Not the percentage on the cover sheet. Whether the drawings and specification describe the building well enough that a bidder would price it the same way twice.

How much do you want to see? Open book is a real benefit and it is also work. Somebody has to read the cost reports, test the subcontract awards and administer the contingency. An owner without that capacity gets the administration burden without the benefit.

How competitive is the market? Lump sum depends on real competition to produce a fair price. In a tight market with few bidders it produces a high price with the risk priced in.

How much will the scope change? A project with an owner who will keep developing the design is badly served by lump sum, because every change is priced without competition, and better served by an open book form where the changes are visible.

The fourth is the one owners misjudge most. An owner who intends to keep deciding should not buy a form that punishes deciding.

There is a fifth question that rarely gets asked and probably should. What does the contractor prefer, and why? A builder that pushes hard for one form on a project where another would fit better is telling you something about how it reads the risk, and that reading is worth hearing even if you disagree with the conclusion.

A contractor that wants lump sum on an incomplete design is confident about the ambiguity. One that wants a guaranteed maximum price on a complete design may be less confident about the market than you are. Neither is sinister and both are information.

What to do before you sign

  1. Establish honestly how complete the design is, using the qualifications page as the evidence.
  2. Count the allowances and exclusions, because those measure the gap the form has to bridge.
  3. Decide whether you have the capacity to administer an open book contract properly.
  4. Establish how many qualified bidders exist in the market for this work.
  5. Be honest about how much the scope will change after signature.
  6. If choosing a guaranteed maximum price, read the savings clause before agreeing the fee.
  7. Compare the three on realistic owner cost, not on headline price.

Item seven is the comparison nobody makes. A lump sum number and a guaranteed maximum price number are not the same kind of object, and comparing them directly is how owners talk themselves into the wrong form.

Item three is the one that quietly decides whether the form works. Open book gives an owner the right to see everything and no ability to act on it unless somebody is reading. The right without the reading is administration with no benefit attached.

The scope options for this reading sit in the review packages.

What we do

We read whichever form you are being offered and state what it actually covers, what sits outside it and what the realistic owner cost is rather than the headline. Where more than one form is on the table we compare them on the same basis. We describe what the contract does rather than advise on its enforceability, which stays with your counsel. The work is the readiness review.

Questions people ask

Which form is best for an owner?

None of them in the abstract. The choice turns on how complete the design is, how much capacity you have to administer an open book contract, how competitive the market is, and how much the scope will change after signature. Those four answers decide it.

Is a guaranteed maximum price safer than lump sum?

It is more visible, which is different. A lump sum price transfers cost risk for the defined scope completely, while a ceiling transfers it only above the ceiling and only for the defined scope. What sits outside the definition is owner cost under both forms.

Why does open book need capacity to be useful?

Because the right to see everything is worth nothing unless somebody reads it. Cost reports, subcontract awards and contingency movement all have to be tested by somebody on the owner side. Without that, open book is administration with none of the benefit attached.

Posted in Contracts and delivery methods Contracts Delivery Risk Pricing

This is general information about construction contracts and is not legal advice.