• Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers

    Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers0

    By Lisa Colon, Saul Ewing LLP Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of contractors (subcontractors) too. At their best,

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  • Peace of Mind in Construction: Managing Risk to Protect Your Well-Being

    Peace of Mind in Construction: Managing Risk to Protect Your Well-Being0

    By Leslie A. Boe, Dysart Taylor Cotter McMonigle & Brumitt, P.C. Construction is one of the most demanding industries— rising material costs, complex contracts, tight deadlines, changes in scope of work, and payment disputes can create a constant undercurrent of stress. Over time, that strain doesn’t just affect productivity—it affects mental health, sleep, and overall

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  • Risk Transfer Clauses: Subcontractor Beware

    Risk Transfer Clauses: Subcontractor Beware0

    ByTodd R. Regan, Gordon Rees Scully Mansukhani, LLP From a general contractor’s perspective, the use of so-called risk transfer clauses in subcontracts serves to allocate the risks passed down from the project owner amongst the various project participants. Contractors will point out that these clauses assign the risks and responsibilities to the parties who are

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