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Flow-down Clause Incorporated Notice Requirement Incorporation By Reference; Notice

Friday, December 03, 2004 03:20 pm

Flow-down Clause Incorporated Notice Requirement Incorporation By Reference; Notice

A North Carolina court has ruled that a general flowdown clause in a subcontract incorporated a written notice of claim requirement from the prime contract.

The Town of Cary awarded a contract to Poythress Commercial Contractors, Inc. for construction of a fire station. The contract included a provision stating that claims for delay had to be made in writing to the project owner and the project architect within 21 days of the occurrence of any event giving rise to the claim.

Poythress subcontracted the electrical work to American National Electric Corp. (ANE). The subcontract contained [...]

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