It is critical that subcontracts be consistent with the general contract.
When writing a subcontract, the drafter should ensure that the subcontract is consistent with the terms of the prime contract through both the use of a flow?down clause, and by avoiding ambiguities between the prime contract and the subcontract. Flow down clauses may be unilateral or bilateral for purposes of incorporating the prime contract into the subcontracts. This video reviews the flow down concept and common problems, and discusses drafting and negotiating strategies.
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm.
- Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Worked for an ENR® top 50 general contractor
- Drafted form construction contracts for the Associated Owners and Developers, a national association
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
- Contact information [email protected], [email protected], and (404) 815-3711
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