How the two models differ where it actually matters.
Dimension
Fixed price (Werkvertrag)
Time and materials (retainer)
Scope certainty neededHigh. The scope must be defined before signing.
Low. Scope can stay open and evolve.
Who carries the riskWavect. We are legally bound to deliver the agreed scope.
Shared. You pay for the time, we deliver against priorities.
Handling changesChange request and re-quote against the signed SoW.
Re-prioritise the next week. No paperwork.
Best stageAfter discovery, when the build is well understood.
Early or exploratory work, or long-running iteration.
CancellationBound to the agreed deliverable in the SoW.
Cancel any week. The last week is refunded if not earned.
What you optimise forCertainty of price and delivery.
Flexibility and speed to start.