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

• Legally Speaking
• October 28, 2025

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,