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| econ. |
автоматическое включение положений контракта в договор субподряда (In general, flow-down clauses provide that a subcontractor is subject to the same rights and obligations to which the prime contractor is subject under the prime contract. They systematically ensure that an owner's expectations of quality and contract administration run through the whole project.  onvia.com Millie); положения, подлежащие включению в договоры субподряда (положения договора генерального подряда: 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 committed to comply with all of the clauses in its prime contract. To the extent a prime contractor does not flow down a clause to its subcontractor, the prime contractor assumes the risk of any subcontractor non-compliance. This is because, if a contracting officer identifies regulatory non-compliance, the government only looks to the party with which it has privity to enforce compliance: the prime contractor. If the prime contractor has not flowed down the applicable clause to its subcontractor, the prime contractor is responsible for its subcontractor’s non-compliance. If the clause has been flowed down, the prime contractor can enforce compliance upon its subcontractor. From a subcontractor perspective, the more flow-down clauses it accepts from its prime contractor, the more compliance risk it assumes. lexology.com 'More) |
| law |
положения, подлежащие обязательному включению в договоры с субподрядчиками (In general, flow-down clauses provide that a subcontractor is subject to the same rights and obligations to which the prime contractor is subject under the prime contract. They systematically ensure that an owner's expectations of quality and contract administration run through the whole project.: Flow-down Clauses. (01/19) Contractor shall include the following clauses, or substantially similar language, in its subcontracts under this Contract: • Clauses in a subcontract which incorporate the general contract by reference, and which bind the subcontractor to the general contractor to the same extent the general contractor is bound to the owner, are referred to as “flow down” clauses. Their use is widespread, and they are found in most subcontract forms. Despite harmless sounding language, flow down clauses constitute one of the most powerful provisions in a subcontract. corwinlaw.com 'More) |
