Greer, SC asked in Contracts and Construction Law for North Carolina

Q: In the state of NC under a cost plus contract for building a home , what items are permitted to be INCLUDED under costs

For example : building permits ? Also , all contracts I assume carry an obligation of " good faith and fair dealing". But in a Cost Plus because the financial leverage is in the builders favor , is the level of responsibility "ratched" up , toward fiduciary ?

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1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • Construction Law Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: What is included in the costs is a function of what the parties negotiate to be above and beyond the contractor's fee. There is no set law or statute on this. There is unlikely to be any fiduciary duty from the contractor to the homeowner whether is a cost plus contract or fixed amount.

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