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 and litigation section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of graduate courses in Design and Construction Law and Real Estate Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- 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. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Contact information [email protected], [email protected], or (404) 815-3711
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