Price Adjustment Clauses in Highway Construction: State of the Practice

Document Type

Article

Publication Date

12-31-2025

Department

College of Engineering; Department of Civil, Environmental, and Geospatial Engineering

Abstract

Material price volatility creates uncertainty for highway construction projects. This uncertainty complicates bid preparation because suppliers may be unable to guarantee fixed material prices for the project duration. In response, contractors often include risk premiums, leading to price speculation and inflated bid prices. These embedded contingencies may cause transportation agencies to overpay under fixed-price contracts. To address these risks, state DOTs implement material price adjustment clauses (PACs) in certain highway construction contracts. While PACs are commonly applied to construction materials such as fuel, asphalt, steel, and cement, their implementation varies across several decision factors—including eligible bid items, trigger thresholds, opt-in/opt-out provisions, caps, and more. The growing interest in PACs, along with these variations, underscores the need for a review of current practices to identify the key elements shaping their use. This study reviews PAC implementation across 50 state DOTs, focusing on variations in PAC eligibility requirements, contractual conditions, triggering events, and calculation process. Data were collected from publicly available specifications, verified through direct communication with state DOT construction-related representatives, and analyzed using content analysis. Results show that 96% of state DOTs implement at least one type of material price adjustment (including pilot implementation), with fuel (84%) and asphalt (80%) being the most common, followed by steel (36%) and cement (6%). Most PACs require a 5% trigger value to activate price adjustment and use an indexed material usage per unit method for calculation. These findings offer a national reference point for evaluating the current practices and considering potential improvements to PAC implementation strategies.

Publisher's Statement

© 2025 American Society of Civil Engineers

Publication Title

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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