What is Subcontractor Default?

A Performance Obligation in the construction industry refers to a commitment or liability that a contracting party has to perform and fulfill, according to the terms stipulated in a contract. It includes the delivery of services or completed work components. For example, if a construction company has a contract to build a commercial complex, their performance obligation could involve the construction of the entire complex or individual stages of the contract, such as erecting the structure, installing heating systems, laying down the flooring, among others. Each of these components may have their own deadlines and quality standards. Thus, not fulfilling these obligations could result in penalties or legal consequences. Therefore, recognizing and managing performance obligations is crucial in construction project management.

A Time and Materials Contract, often abbreviated as T&M, is a specific type of contract commonly used in the construction industry. It is a contractual format that indicates that the client will pay based on actual costs: the direct labor hours worked (time), the materials directly used in the final product, and a fixed add-on to cover overhead and profits. Unlike fixed-cost contracts, T&M agreements provide greater flexibility as the scope of work can change without having to negotiate a new contract. This type of contract is generally applied in projects where the full extent of the work cannot be determined at the outset. However, their major downside is the potential risk of cost overruns, which makes client oversight crucial.

Fixed costs, in the context of the construction industry, are the expenses that a contractor has to pay regardless of the level or volume of building activity. These costs, also known as overhead costs, remain constant and do not change with the fluctuations in work demand or project size. They typically include items such as rent or mortgages for office space, salaries for permanent staff, insurances, property tax, machinery depreciation, among other expenditures. The ability to manage fixed costs effectively is vital for a construction company's profitability and viability, as they represent a substantial portion of the total expenses.