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Contracts

Time and Materials Contract

Definition

A contract where the owner pays for labor at agreed hourly rates plus materials at cost with a markup, usually capped by a not-to-exceed amount.

A time and materials (T&M) contract pays the contractor for actual hours worked at agreed billing rates, plus materials and equipment at cost plus a markup. The hourly rates are usually fully loaded: they include wages, labor burden, overhead and profit. Materials might carry a 10% to 20% markup, depending on the agreement.

T&M fits work that can’t be scoped up front: emergency repairs, service work, small tenant changes, investigative demolition. Owners usually limit their risk with a not-to-exceed (NTE) cap. Once costs approach the NTE, the contractor has to stop or get written authorization to continue. On larger jobs, T&M often shows up inside another contract as the pricing method for change work, documented on signed T&M tickets.

Why it matters

The owner carries the cost risk, so T&M lives or dies on documentation. Daily signed tickets, crew lists, material receipts and equipment hours are what get paid. Contractors who bill T&M from memory at month-end get disputes.

Worked example

Illustrative: a 3-day emergency repair uses 48 journeyman hours at a $98/hour billing rate, so $4,704, plus $2,600 of materials marked up 15%, so $2,990, plus $750 of equipment. Total billing is $8,444 against a $10,000 NTE.

Common mistakes

  • No signed daily tickets, so the owner disputes hours.
  • Running past the NTE without written authorization.
  • Billing rates that don’t cover actual burden, so T&M work loses money.
  • Mixing T&M work with base contract cost codes.

How os.construction handles it

We’re building T&M tickets captured in the field, signed on site and linked to change events and cost codes, so billing comes from the same record the crew filled out. It’s in development.

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