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On a cost plus contract the owner wants to buy direct from the supplier, not go through the builder, can the builder

HawaiiConstruction Contract

I’m building a house on cost plus , the owner wants to supply certain items himself , using a different contractor. do I get a fee for providing access an helping out the subcontractor?

1 reply

Dec 8, 2022
It would probably depend on the specific language of the contract.

You should be aware, however, that there is a question as to whether a cost-plus contract is even legal for residential construction.

The regulations established by the Contractors License Board include the following:

§ 16-77-80. Homeowner contracts.

(a) All contractors shall provide homeowners with a written contract involving home construction or improvements which shall provide the following . . .

(2) The exact dollar amount due from the homeowner under the contract;

 

Since there is no exact dollar amount for a cost-plus, there is an argument that contract is illegal.

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