Learning a Lesson by Sweating the Small Stuff
Authors: Corey S. Lloyd, Stuart “Stu” Richeson
In construction contracts, the clause that looks like it benefits you most might cost you more.
Corey Lloyd and Stu Richeson explore this counterintuitive reality in their article, “Learning a Lesson by Sweating the Small Stuff.”
The article walks through a real negotiation scenario involving adverse weather day provisions, a term many treat as routine. After carefully analyzing two contract options with a general contractor client, the numbers told a surprising story: the provision the contractor initially preferred would have left him absorbing an entire month of uncompensated general conditions costs. The option that appeared to favor the owner shifted more cost onto the owner through the contractor’s bid.
The lesson: in construction contract negotiations, surface-level impressions can be misleading. Risk-shifting provisions don’t affect only the party they appear to burden. They ripple through bids, schedules, and budgets in ways that require careful analysis.
Whether you’re an owner, GC, or legal counsel, the terms that feel elementary often deserve the closest scrutiny. That’s where the real exposure hides.
