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Negotiation Playbook

Turn contract risks into specific asks with paste-ready counter-language, fallback positions, and walk-away thresholds — so you negotiate with precision instead of vague complaints.

Priority Tiers

Each ask is ranked so you know where to push hardest.

Must-Have Strong Ask Nice-to-Have

Sample Negotiation Playbook

Based on a $55,000 contractor bid for a kitchen and bath renovation. The Contract Analyzer Pipeline™ identified these 5 asks ranked by priority.

Must-Have Ask #1 — Verbal Change Orders Are Binding (§6)
Problematic Language
“Any modification to the scope of work, whether written or verbal, shall constitute a binding change order.”
Counter-Language
“All change orders must be documented in writing, signed by both parties, and must include an itemized cost estimate and revised timeline before any additional work begins. Verbal agreements are expressly non-binding.”
Fallback: Accept verbal approval only for changes under $500, but require written confirmation within 48 hours.
Walk-Away: Do not sign if the contractor insists on binding verbal change orders with no dollar limit.
Must-Have Ask #2 — No Delay Penalty (§11)
Problematic Language
“Contractor shall not be liable for delays caused by material shortages, weather, or unforeseen conditions.”
Counter-Language
“Contractor shall complete all work within [N] calendar days of the start date. For each calendar day beyond the completion date, excluding documented force majeure events limited to natural disasters and government-ordered shutdowns, Contractor shall credit Owner $100/day, capped at 10% of the contract value.”
Fallback: Accept the broader force majeure definition but cap total delay at 30 calendar days before either party can terminate.
Walk-Away: Do not sign without any delay accountability mechanism.
Strong Ask Ask #3 — Arbitration in Contractor’s County (§16)
Problematic Language
“All disputes shall be resolved by binding arbitration in [Contractor’s County], [State].”
Counter-Language
“All disputes shall be resolved by binding arbitration in a mutually agreed-upon location within [State], using a single arbitrator selected from the American Arbitration Association’s construction panel.”
Fallback: Accept contractor’s county but add a provision that the losing party pays the prevailing party’s travel costs.
Strong Ask Ask #4 — Not Named as Additional Insured (§18)
Problematic Language
“Contractor shall maintain general liability insurance of no less than $1,000,000.”
Counter-Language
“Contractor shall maintain general liability insurance of no less than $1,000,000 and shall name Owner as additional insured on all policies. Contractor shall provide certificates of insurance prior to commencing work and upon each policy renewal.”
Fallback: Accept not being named as additional insured if contractor provides a hold-harmless agreement and proof of workers’ comp coverage.
Nice-to-Have Ask #5 — Payment Schedule Front-Loaded (§4)
Problematic Language
“Owner shall pay 25% of the contract price ($13,750) upon execution of this agreement.”
Counter-Language
“Owner shall pay 10% of the contract price ($5,500) upon execution, 30% at rough-in completion, 30% at trim completion, and 30% upon final walkthrough and punch-list completion.”
Fallback: Accept 25% deposit if contractor agrees to a joint escrow account for funds.

Three Negotiation Postures

The playbook adapts its tone and aggressiveness based on your leverage. Choose the posture that fits your situation.

Strong

You have leverage — multiple bids, flexible timeline, or a strong market position. The playbook uses firm language and tight deadlines.

Balanced

A normal negotiation with roughly equal leverage. The playbook uses professional language and reasonable compromises.

Weak

Limited options — sole-source contractor, tight deadline, or seller’s market. The playbook prioritizes must-haves and softens nice-to-haves.

Explore More Features

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Plain-English Breakdown

Every clause translated into plain English with standard/worth-noting/unusual ratings and a TL;DR summary.

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Risk Scanner

Every red flag ranked by severity with worst-case scenarios, dollar exposure, and an overall Risk Score.

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AI Contract Review Pipeline

Analyze any REI contract with a 5-step AI pipeline: plain English, risks, obligations, negotiation playbook, and executive brief.

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Paste-ready counter-language, fallback positions, and walk-away thresholds — tuned to your leverage.

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