EPD maintenance clauses to lock before you sign
Year one with an EPD is when surprises show up. Teams assume small tweaks are covered, only to learn the maintenance clock started on the contract date, not the publication date. Others discover their provider’s definiton of a “minor change” is anything but minor. Use this checklist to remove ambiguity before ink hits paper.
Anchor the maintenance window to reality
Most construction EPDs carry a five‑year validity, so your maintenance terms should reflect that span and the likely timing of interim updates (EPD International GPI, 2024; IBU, 2024). Ask that the maintenance window starts on publication, or that contract and publication dates are clearly reconciled in writing. If the provider refuses, specify how any gap is handled.
Clarify whether the window pauses for force majeure events or PCR pauses. If multi‑plant, state whether each plant’s publication date triggers a fresh window.
Define “minor change” with thresholds and examples
Minor should mean measurable. Several program operators treat a significant change as about a 10 percent shift in any declared indicator, which typically triggers revision or republication obligations (EPD International GPI, 2024). Bake that threshold into the contract and list examples.
Examples that should qualify as minor maintenance when results stay within the agreed threshold include a supplier rename, a packaging spec tweak, or an update to secondary data with immaterial effect. Material changes like adding a new plant line or changing resin chemistry are not minor.
Spell out what maintenance actually includes
Maintenance is not magic. Put a scope list in the agreement.
- One round of model updates for verified utility data for the reference year, with a cap on SKUs in scope.
- Editorial fixes to the PDF and XML, including table reflows that happen during program operator formatting.
- Re‑verification effort for minor updates if the operator requires it, or a statement that additional verifier time is out of scope.
- Publication platform actions such as metadata edits, URL redirects, and QR refreshes.
Anything not listed will be argued later. Put it on paper now.
Watch the clock on contract vs publication
Many providers anchor maintenance to the contract start, not the EPD publication. That can rob months from your coverage if review or operator queues stretch. Require a clause that either starts maintenance at publication or extends the term by the documented elapsed review period.
Also clarify the cut‑off for submitting change requests near the end of the window. No one wants a 4 p.m. Friday surprise that misses the service level.
Plan for PCR and operator cycles
PCRs often carry three to five years of validity, and a new PCR version can land during your maintenance term (EPD International PCR Guidance, 2024). Your EPD remains valid until its own expiry, yet the next update may need the newer PCR. Ask for language that covers one PCR migration analysis during the term and states who funds any rework if a change is mandatory.
If you might change program operators, include a migration clause that covers data handoff, verifier records, and republication steps. Operator rules vary on what triggers re‑verification.
Clarify fees you might not expect
Surprise fees erode ROI. Name them early.
- Program operator republication or addendum fees, including charges per language version.
- Third‑party verifier time for re‑review of minor edits when required by the operator.
- Translation and accessibility formatting for the PDF and digital record.
- Post‑audit corrections after an external scheme audit, if any.
- Cross‑database uploads that some markets expect, such as national portals.
Avoid quoting not‑to‑exceed numbers if the provider cannot control the operator’s invoice. Require that pass‑through invoices be shared.
Nail data ownership, portability, and confidentiality
State that you own the LCA model, datasets assembled for the study, and the final EPD files. Require a complete, human‑readable model export plus machine‑readable files at each update milestone. Include the right to share the model with a new verifier or operator. Protect confidential supplier data with explicit carve‑outs and need‑to‑know access.
Set SLAs for responsiveness and turnaround
Put response times in hours or business days for change requests, and publication targets in weeks with dependencies noted. Where reliable industry averages do not exist, say so plainly rather than invent a benchmark. Then attach a communication plan with named contacts and escalation paths. Consistency beats heroics.
Copy‑paste checklist for your next SOW
- Maintenance window start and end, tied to publication or reconciled to contract.
- Definition of “minor change” using a numeric threshold and examples.
- What is included in maintenance, what is out of scope, and caps by SKU or plant.
- PCR migration analysis and who funds mandatory changes.
- All potential pass‑through fees listed by category.
- Data ownership, export formats, and transfer rights to other operators.
- SLAs for responses and turnaround, with escalation paths.
Wrap up without the gotchas
Great maintenance terms make EPDs easier to keep market‑ready and keep sales moving. Lock the vocabulary, the clock, and the costs. We prefer to see teams spend energy improving products, not arguing over whether a comma fix needs a new purchase order.
Frequently Asked Questions
How long is an EPD typically valid under common program rules and why does that matter for maintenance clauses?
Most construction EPDs are valid for five years, which means your maintenance window should anticipate mid‑term updates and the renewal horizon. Citing the five‑year norm helps anchor start dates and expected scope for interim edits (EPD International GPI, 2024; IBU, 2024).
What numeric trigger can be used to separate a minor change from a major one?
A pragmatic threshold is about a 10% shift in any declared impact indicator, which several operators treat as a significant change that requires revision. If the change stays below that, label it minor in your contract and define allowed edits accordingly (EPD International GPI, 2024).
Do EPDs become invalid when the underlying PCR expires during their term?
No. An EPD remains valid until its own expiry date, although the next update or renewal may need to follow the newer PCR version. Add a clause that includes one PCR migration assessment in the maintenance scope (EPD International PCR Guidance, 2024).
Who should pay program operator republication fees during maintenance?
They are often pass‑through costs from the operator and verifier. The contract should list these categories explicitly and require sharing of the invoices rather than guessing a number upfront.
About the Author
John brings a clear, research-driven perspective on the EPD, LCA and HPD space and keeps a close pulse on environmental trends and standards in North America, helping clients understand where the industry is heading and how to get there.
