News & Analysis as of

Subcontractors Flow Down Clause

Saul Ewing LLP

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

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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...more

Sheppard Mullin Richter & Hampton LLP

New Year, (Potentially) New Definition for “Subcontract”

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more

PilieroMazza PLLC

Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects

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A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the...more

Venable LLP

My Subcontractor Is Suing Me for What Now? Court Allows One "Constructive" Change Theory Against Prime Contractor, Dismisses...

Venable LLP on

Government contractors often "flow down" contract clauses from the Federal Acquisition Regulation (FAR) and its supplements to their subcontractors, including clauses related to changes (e.g., FAR 52.243-1) and excusable...more

Robinson+Cole Construction Law Zone

New York Restrictions on Flow Through Provision in Subcontracts

Most subcontracts include a flow through provision (also called flow down and incorporation clauses) stating that the subcontractor and contractor are bound by the same obligations as set forth in the prime contract between...more

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series: Navigating the Federal Grant Compliance Landscape - May 16th, 12:00 pm - 1:00 pm EDT

Wiley Rein LLP on

Please join us for the fourth episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more

PilieroMazza PLLC

[Webinar] Cybersecurity for Government Contractors: Success Through Compliance Readiness - June 6th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Cybersecurity has been an important topic for many years now, yet the government has struggled with how to flow down cybersecurity obligations to its supply chain. The Department of Defense’s (DOD) Cybersecurity Maturity...more

Blank Rome LLP

Flow-Down Clauses: Best Practices

Blank Rome LLP on

Federal government contractors and subcontractors often struggle with flow-down clauses. Fundamentally, prime and subcontractors squabble over flow-down clauses because they involve assumption of risk. A prime contractor has...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] COVID-19 Safety Protocols Compliance: Key Components and Critical Concerns for Federal Contractors - November 22nd, 1:00...

If you work in government contracting today, SAME Philadelphia Post Small Business COI and Obermayer would like to invite you to a time-critical webinar on the recent COVID -19 Safety Protocols Effecting Federal Government...more

Husch Blackwell LLP

[Webinar] Navigating the Federal Contractor COVID-19 Vaccine Mandate: Legal and Practical Considerations for Federal Contractors...

Husch Blackwell LLP on

Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors), the resulting guidance and the recent array of class deviation contract clauses create interesting and novel federal contract...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Success in Federal Subcontracting - September 15th, 12:00 pm - 1:00 pm ET

Obermayer is excited to continue its “GovCon Examiner Live” webinar series in 2021. Over the course of the next 12 months, our experienced government contracting attorney Maria Panichelli will bring her popular GovCon...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Key Considerations in Federal Subcontracting - September 16th, 12:00 pm -...

Obermayer is excited to introduce its new  “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Moritt Hock & Hamroff LLP

Flow-Down Clauses To Subcontractors: What Actually Flows?

Subcontractors must pay close attention to provisions in their subcontract that refer back to terms in the prime contract. These provisions are commonly referred to as "flow-down" clauses. Most subs are, of course, familiar...more

Bradley Arant Boult Cummings LLP

DCMA to Audit Compliance With DFARS Cyber Flowdown Requirements

For over a year now, federal defense contractors have been required to comply with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident...more

Troutman Pepper

When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an...

Troutman Pepper on

Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims...more

Saul Ewing Arnstein & Lehr LLP

Top Ten Construction Clauses: Pay-if-Paid and Pay-when-Paid Clauses

Pay-if-paid clauses provide that a general contractor is not required to pay subcontractors unless and until it receives payment from the owner. The ConsensusDocs Standard Agreement 655 provides the following example: Receipt...more

PilieroMazza PLLC

Protecting Your Prime and Subcontract or Strategic Relationship

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In this presentation: - Negotiating A Definitive Work Share Clause - In Teaming Agreements - In Subcontracts - Clauses Requiring Escrow Accounts To Ensure Prompt Payments - Terminations ...more

Snell & Wilmer

Unintended Third-Party Beneficiaries Created Through Flow Down Clauses in Subcontracts

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Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that...more

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