While flow-down provisions are typical, some areas can result in ambiguity.
A common contractual term effecting the allocation of risk is a provision in the subcontract that incorporates the duties and obligations of the general contractor contained in the prime contract. If the general contractor agrees in the prime contract to indemnify the owner and the subcontract contains a flow-down provision incorporating the prime contract into the subcontract, the subcontractor may have assumed the same obligation of indemnification to the owner.
John A. Snow
Parsons Behle & Latimer
- Attorney with Parsons Behle & Latimer, Salt Lake City, Utah
- Practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense
- Designated in The Best Lawyers in America as Lawyer of the Year in litigation, real estate, and construction law; and designated in the areas of practice of legal malpractice defense, commercial litigation, and construction
- Designated in Utah Business magazine’s Utah Legal Elite in the areas of business and civil litigation and construction law and as a Super Lawyer in the Mountain States in Super Lawyer Magazine
- Chair of the Ethics Advisory Opinion Committee of the Utah State Bar
- Can be contacted at [email protected] or 801-536-6772
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