{"id":904551,"date":"2025-07-09T14:54:30","date_gmt":"2025-07-09T20:54:30","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=904551"},"modified":"2025-07-09T14:54:32","modified_gmt":"2025-07-09T20:54:32","slug":"construction-contract-negotiating-sweating-the-small-stuff","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/construction-contract-negotiating-sweating-the-small-stuff\/","title":{"rendered":"Learning a Lesson by Sweating the Small Stuff"},"content":{"rendered":"\n

Corey S. Lloyd and Stu Richeson | The Dispute Resolver<\/a><\/p>\n\n\n\n

When negotiating contracts, it is sometimes difficult to properly assess the risks and rewards of certain terms. The idiom \u201cthat one can\u2019t see the forest through the trees\u201d comes to mind. At times, though, even determining which forest needs to be seen can be the bigger challenge. We are all informed by our experiences and \u201cbattle wounds\u201d \u2013 sometimes to our own detriment.<\/p>\n\n\n\n

Recently, my client and I considered a contract provision which many of our clients likely believe is an elementary exercise: the number of adverse weather days  that should be included in a prime contract. This exercise led us to some surprising conclusions and forced us to consider whether we were overlooking other seemingly routine contractual provisions.<\/p>\n\n\n\n

Let\u2019s assume that an owner and general contractor are negotiating a prime contract on a private project. Consider the following two options from the perspectives of each of these two stakeholders. The first perspective will be that of an owner who has experience writing \u201ctoo many change orders\u201d for weather days. The second perspective will be from a contractor who \u201cnever gets enough time for weather.\u201d <\/p>\n\n\n\n

Option One<\/strong> <\/p>\n\n\n\n

The Contract Time is 15 months. The Contractor shall be allowed three (3) weather days per month. Each additional weather day in any month that delays the critical path of the schedule shall result in an extension of the Contract Time. The Contractor shall not receive compensation for additional weather days.<\/p>\n\n\n\n

Option Two<\/strong><\/p>\n\n\n\n

The Contract Time is 16 months. The Contractor shall anticipate seven (7) weather days per month. Each additional weather day in any month that delays the critical path of the schedule shall result in an extension of the Contract Time. The Contractor shall not receive compensation for additional weather days.<\/p>\n\n\n\n

What is your initial reaction to the above options if you are representing the owner? The general contractor? How would each party best mitigate risk and maximize possible earnings on the upcoming project?<\/p>\n\n\n\n

Recently, my client and I were presented with a similar scenario. My client, a general contractor, much preferred Option One. This is because it would be easy to extend the schedule for weather delays \u2013 any month with four or more days of adverse weather would entitle them to a schedule extension. But after we further analyzed the options, we came to a different conclusion.<\/p>\n\n\n\n

For purposes of discussing the hypothetical scenario, we will assume that my client determined:<\/p>\n\n\n\n