Many owner-developers are receiving new contract language from their contractors to address possible cost increases, delays and shortages in labor and materials for their construction projects. Are owner-developers' hands tied or are there guardrails to prevent them from bearing the full burden of these risks?

The Baseline

A well-crafted construction contract will provide certainty over the cost and schedule of a construction project. For cost, contracts typically provide that contractors are compensated in either a fixed, lump sum or as a pass through of actual project construction costs plus a fee, often subject to a cap, called a guaranteed maximum price or GMP.