Regimes de contratação na construção civil: uma análise qualitativa entre obras empreitadas e obras por administração

Abstract

This study comparatively analyzes the contracting regimes of cost-plus administration and lump sum contract in the construction industry, considering technical, legal and managerial perspectives. The selection of the contractual model represents a strategic decision in project planning, directly affecting costs, deadlines, risk allocation and overall project performance. Initially, a bibliographic review is conducted addressing the concepts, foundations, advantages, limitations and responsibilities inherent to each contractual model. Subsequently, a structured comparative analysis is developed based on criteria such as financial predictability, execution flexibility, construction quality and suitability to different types of projects. Additionally, a case study of a project executed under the cost-plus regime is presented, including a critical evaluation of its impacts on costs, deadlines and management, as well as a hypothetical analysis of the application of the lump-sum regime under the same conditions. The findings indicate that there is no universally superior contracting regime, and its adequacy depends on the level of project definition, technical complexity and managerial capacity of the involved parties. It is concluded that compatibility between contractual model, project characteristics and management structure is essential for construction performance.