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How is price fixed in contract of sale?

Updated: 4/28/2022
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A fixed-price contract is a contract where the amount of payment does not depend on the amount of resources or time expended, as opposed to a cost-plus contract which is intended to cover the costs plus some amount of profit. Such a scheme is often used in military and government contractors to put the risk on the side of the vendor, and control costs. However, historically when such contracts are used for innovative new projects with untested or undeveloped technologies, such as new military transports or stealth attack planes, it can and often results in a failure if costs greatly exceed the ability of the contractor to absorb unforeseen cost overruns.

However, such contracts continue to be popular despite a history of failed or troubled projects, though they tend to work when costs are well known in advance. Some laws have been written which prefer fixed-price contracts, however, many maintain that such contracts are actually the most expensive, especially when the risks or costs are unknown.

Tom Enders, Airbus's German chief executive, has noted the fixed-price contract for the A400 transport was a disaster rooted in naivety, excessive enthusiasm and arrogance, stating, "If you had offered it to an American defence contractor like Northrop, they would have run a mile from it". He stated that unless the contract was renegotiated, the project must be abandoned.

For example, the U.S. A-12 Avenger II development contract was a fixed-price incentive contract, not a fixed price contract, with a target price of $4.38 billion and ceiling price of $4.84 billion. It was to be a unique, stealthy, flying wing design. On 7 January 1991, the Secretary of Defense canceled the program. It was the largest contract termination in DoD history. Rather than saving costs, the craft was projected to consume up 70 percent of the U.S. Navy's aircraft budget within three years.

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Rohit Mathur

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Q: How is price fixed in contract of sale?
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What contract type puts the full risk on the contractor?

Fixed Pric


What are the Disadvantages of a construction Fixed-Price Contract?

The disadvantage of a fixed price contract is work can be incomplete or sloppy if they fall behind. When a vendor is working on a fixed price contract, they do their best to keep their cost down. The more they save themselves, the more they profit. In efforts to keep their profit margins high, they could reduce the quality of their work.


What are the Disadvantages of a construction Fixed Price Contract?

The disadvantage of a fixed price contract is work can be incomplete or sloppy if they fall behind. When a vendor is working on a fixed price contract, they do their best to keep their cost down. The more they save themselves, the more they profit. In efforts to keep their profit margins high, they could reduce the quality of their work.


What contract shifts the risk of cost overruns to the contractor?

fixed price with economic price adjustments


IS E P C Contract as a fixed sum price?

kind of.


What is the proper amount of money to obligate at the award of a firm fixed-price contract?

The full amount of the contract


When is a contract of sale considered perfecta?

A contract is considered perfecta if the object of sale has been clearly identified; the price has been determined; and there are no suspensive conditions


What contract type places the greatest risk on the buyer?

fixed price + Incentive


Which type of contract shifts the risk of cost overruns to the contractr?

Fixed-Price Incentive


Which type of contract addresses situations when the exact product or service cannot be determined?

fixed-celling price with retroactive price redetermination


Can you distinguished Contract of Sale from contract to sell?

Contract to sell is an executory contract while contract of sale is an executed contract.


What is the difference between contract of sell from contract of sale?

"Contract of sell" is just "contract of sale" misspelled.