{"id":25008,"date":"2025-08-04T01:56:29","date_gmt":"2025-08-03T15:56:29","guid":{"rendered":"https:\/\/totalsynergy.com\/?p=25008"},"modified":"2025-08-06T02:22:16","modified_gmt":"2025-08-05T16:22:16","slug":"what-should-and-shouldnt-be-negotiable-in-ae-contracts","status":"publish","type":"post","link":"https:\/\/totalsynergy.com\/what-should-and-shouldnt-be-negotiable-in-ae-contracts\/","title":{"rendered":"What Should (and Shouldn\u2019t) Be Negotiable in A&E Contracts"},"content":{"rendered":"\n\t
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Contract negotiations can shape the success of a project long before any work begins. For architects and engineers, the right terms safeguard your business, your team, and your client relationships. But knowing what\u2019s worth negotiating and what should stay firm is key to avoiding disputes later on.<\/p>\n

In this interview, Lincoln Merlo<\/a>, Executive Director and Engineer at erbas\u2122 | erbas\u2122 SUSTAIN<\/a> and member of the Blueprint Collective<\/a>, shares practical, experience-based advice on what\u2019s negotiable, common contract pitfalls, and how firms can protect themselves while keeping discussions professional and collaborative.<\/p>\n

What\u2019s worth negotiating in A&E contracts?<\/h3>\n

LM<\/strong>: When you step into contract talks, focus on the areas that genuinely improve outcomes for your business and the client. A few key ones are:<\/p>\n

Payment terms<\/strong>: Things like invoicing schedules, progress payment milestones, and interest on late payments can usually be adjusted to suit both parties. These are often the easiest wins and can improve cash flow without impacting project outcomes.<\/p>\n

Delivery timelines<\/strong>: Unrealistic deadlines only create stress and risk for both sides. Clarifying achievable milestones upfront helps set realistic expectations and avoids painful disputes later.<\/p>\n

Small changes to wording for clarity<\/strong>: Poorly written or vague contracts frequently cause problems mid-project. Undefined deliverables, unclear variation processes, or assumptions about responsibilities often lead to delays, unpaid work, and even fee disputes. If something could cause confusion later, make sure it is spelled out in the contract. The upfront effort always pays off.<\/p>\n

What should never be up for negotiation?<\/h3>\n

LM<\/strong>: Anything that compromises safety, compliance, or your professional duty of care should never be negotiable. These obligations protect lives and are non-negotiable from both a legal and ethical perspective.<\/p>\n

Limiting your liability is also critical. Accepting unlimited risk or fitness for purpose guarantees that go beyond the standard of reasonable skill and care can put your firm in a vulnerable position. Tiny wording tweaks here can carry a huge price later on.<\/p>\n

Which clauses cause the most disputes later on?<\/h3>\n

LM<\/strong>: Common culprits are:<\/p>\n