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Performance-Based Contract

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Definition:
A contract that ties contractor compensation to specific performance metrics such as efficiency, uptime, or cost savings.

Key Components:

  • Performance Metrics: Measurable targets such as energy output or project completion time.
  • Bonus & Penalty Clauses: Rewards for exceeding targets and deductions for underperformance.
  • Risk Allocation: Contractors assume risk for meeting performance benchmarks.

Use Cases/Industries:

  • Power Generation: Contracts linked to plant efficiency and emissions reduction.
  • Transportation Infrastructure: Toll roads with payment tied to congestion reduction.

Advantages:

  • Encourages Efficiency: Aligns contractor incentives with project success.
  • Risk Transfer: Contractors are accountable for meeting performance goals.

Challenges:

  • Measurement Complexity: Requires robust monitoring and verification systems.
  • Dispute Risks: Performance-related disputes can arise if terms are ambiguous.

Related Terms:
Incentive Contract, Performance-Based Service Agreement

Example:
A wind farm operator signs a performance-based contract with a maintenance provider, tying payments to turbine uptime and power generation output.

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Synonyms:
Incentive-Based Contract, Outcome-Based Contract
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