In a recent 6-3 decision, the Supreme Court struck down most of the reciprocal tariffs that had been affecting material costs across the construction industry. While that may offer some temporary relief, many contractors still face uncertainty about who bears the risk when the costs of construction materials change. 

When material prices rise in the middle of a project, who bears the cost is often settled by the contract. Many current agreements fail to account for today’s market volatility, potentially forcing contractors to absorb unexpected and unrecoverable losses.

In these situations, claims related to delay, disruption, and acceleration become important. When a contractor faces uncontrollable increases in costs or shifts in project conditions, the contract determines the available avenues for relief.

Our team of industry experts can tailor your standard Contracts or negotiate proposed terms for more favorable positioning. This includes but isn’t limited to the following:

  • Price Escalation Clauses
  • Force Majeure Language
  • Change Order Procedures
  • Delay, Disruption, and Acceleration Terms
  • Dispute Resolution Provisions

The best time to address these issues is before a project begins, not after the costs have changed and the situation has become more difficult to resolve.

At Burkhalter Law, we specialize in helping contractors with contract drafting, review, negotiation, construction disputes, claims for delay and disruption, surety claims, and litigation/arbitration. If you need to ensure your agreements are structured to protect your business interests, contact us!