Combining and Segmenting Construction Contracts

When a contract covers a number of assets, the construction of each asset should be treated as a separate construction contract when:

  • Separate proposals have been submitted for each asset;
  • Each asset has been subject to separate negotiation and the contractor and customer have been able to accept or reject that part of the contract relating to each asset; and
  • The costs and revenues of each asset can be separately identified.

A group of contracts, whether with a single customer or with several customers, should be treated as a single construction contract when:

  • The group of construction contracts is negotiated as a single package;
  • The contracts are so closely interrelated that they are, in effect, part of a single project with an overall profit margin; and
  • The contracts are performed concurrently or in a continuous sequence.

A construction contract may provide for the construction of an additional asset at the option of the customer or may be amended to include the construction of an additional asset. The construction of the additional asset should be treated as a separate construction contract when:

  • The asset differs significantly in design, technology or function from the asset or assets covered by the original contract; or
  • The price of the asset is negotiated without regard to the original contract price.

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