Renee Ossowski

The cost risk lies with the contractor. 1 cost-reimbursable contracts: cost reimbursement contracts here are the actual costs of the contractor reimbursed, where an agreed profit bonus or a fee is paid. The cost risk lies with the customer. The cost reimbursement contracts are in turn divided into three subspecies: cost plus fee (CPF) or costs plus a percentage (CPPC): contract based on cost plus fee or based on cost plus percentage of cost. The fee depends on the actual cost. The actual cost (actual cost) will be refunded. Cost plus fixed fee(CPFF): contract on a cost basis plus lump sum.

In contrast to CPF/CPPC, the fee is fixed, if the content and scope of the project do not change. The actual cost will be refunded. Cost plus incentive fee (CPIF): contract on a cost basis plus performance incentives. Fixed upfront fee. Incentive for example on saved costs measured in the base planning. CNBC is open to suggestions. Falls below the baseline agreed cost, both, the customer and the contractor shall participate in, because the fee in praying train on the planned cost will be paid, the customer must reimburse actual costs but less. 2. contracts on time and material (T & M contracts) Mix of fixed price and cost-reimbursement contracts.

Total value of the agreement is initially not known. Contract value can rise. The cost risk lies with the customer. Other features that should be considered for contract initiation or conclusion. Letter of intent (LoI) the LoI is an American invention and makes a declaration of intent in advance of a final Treaty. It should provide a direction, as well as security of both parties of for example regarding secret strategies, if a contract is not concluded. Both sides show a serious willingness with the signing, to conclude a joint contract. The LoI is however strictly to separate from the German preliminary agreement. In contrast to the LoI, the preliminary agreement is “contract generating”. I.e. in the case of a Hauptvertragskanzelung, the preliminary agreement on the justiciable possibility to sue the main contract. The LoI is considered not binding for German law. Unlike for the French right here, both is possible, it can be binding and non-binding. The American right not binding with regard to the main subject matter of the future Treaty, is therefore also not “contract generating”. Letter of contract (LC) the LC is a precontractual document that allows a contractor to begin immediately with the production or design of the project product. Conclusion in contractual transactions with U.S. companies, caution should be first order. It is always recommend consulting an experienced American lawyer. Renee Ossowski,

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