We are not religious about either model. We are religious about matching the contract to how much you actually know.
If discovery has produced a clear scope, fixed price can work. Under our fixed-price works contract, the statement of work sets out the result we commit to deliver, the acceptance tests and the client’s dependencies.
If the scope is still forming, a fixed price would be a guess dressed up as a guarantee. There we run a weekly retainer instead. You can cancel any week, and the last week is refunded if we did not earn it. That keeps us honest week to week instead of hiding behind a number nobody could stand behind.
Separate price, acceptance and change control
An Austrian Werkvertrag is a contract to produce a specified result. A statement of work (SoW) describes the
agreed result and acceptance evidence. Set the pricing mechanism separately. Where an estimate forms the basis
of an Austrian contract, § 1170a ABGB distinguishes an expressly guaranteed estimate from one given without
that guarantee. Ask which figure binds the parties and which assumptions can reopen it. Austrian business
portal on works
contracts
and § 1170a
ABGB
For example, fix the price for an import that must pass a signed test file, with credentials and sample data
due on a named date. Put an undocumented legacy connector in a capped time-and-materials phase. Agree what
evidence ends the phase and require a new written approval before increasing the cap. Set out who decides
whether a failing test is an in-scope defect or a change to the signed scope.