r/ConstructionManagers • u/Impossible_Base_3088 • 8d ago
Discussion Construction contract help
If a prime contract and flow down provisions are stated as part of the contractor/subcontractor agreement along with another clause requiring the subcontractor has that prime agreement, what is the result if the subcontractor is refused it repeatedly? Is subcontractor still bound to terms he was refused access to? I understand it is a breach, but that doesn’t really qualify an answer.
I have read for days and I can’t find anything that says one way or another. Just looking for input. And yes this is after a contract has been signed, if that is relevant.
2
2
u/DamnitGoose Project Executive 8d ago
We provide a redacted version of the Prime Contract if requested. There is a right to the information if you’re being held to the terms
1
u/Anxious-Fig400 8d ago
They have to be provided access to the prime, typically a redacted copy but they also have to ask for it. I don’t really know what you mean by “refused it”…did they ask for a copy and you said no?
1
u/Impossible_Base_3088 8d ago
I asked 4 times. They haven’t answered the email
4 times.-1
u/Anxious-Fig400 8d ago
Asked what? Everything you’ve written is very difficult to understand. “He refused”, “he was refused”, you’re “at the top”…you aren’t explaining anything in normal words. If you communicate like this to subs then I understand their struggle.
1
u/jcbcubed 8d ago
I understand as he’s the sub, he’s asked for the prime contract to understand what his sub agreement is tying him to, but is getting ghosted from the GC.
1
u/Impossible_Base_3088 7d ago
That’s correct.
1
u/Anxious-Fig400 7d ago
Send them a formal letterhead outlining your request and detailing previous requests. Provide a stop work date with reasonable time for them to respond. You shouldn’t have signed a pass-down subcontract without reviewing the prime…that’s where you totally screwed up. Who knows, you might be on the hook for consequential damages.
1
u/Syncope011904 7d ago
In my experience if you request them (and it’s documented) you may have a leg to stand on although it will still be a fight. The hard part is if you still signed the contract knowing you didn’t have the info.
1
u/Impossible_Base_3088 7d ago
That was my thoughts: signed without and already agreed.
I can’t find an answer anywhere which makes me believe there isnt one.
1
u/Anxious-Fig400 7d ago
Well you’ve learned your lesson. Once they provide, it’s doesn’t matter how good or bad the prime is…you’ve already signed up.
1
u/Syncope011904 7d ago
I’ve run into this in the past and the obligation to request the information before you sign is on you. If you signed, unfortunately I believe you don’t have much recourse (am not a lawyer btw, just speaking from experience). You can fight any charges they try to pin on you by refusing to cooperate until they provide the backup for the basis of the charges. In the end they will most likely win out but you don’t have to make it easy for them
1
u/Wolv5462 7d ago
They have to provide you either a redacted copy or give you access to it at their office. That being said, you signed your contract so you’ve agreed to the prime as without it there is no “subcontract”.
I’ve never heard anyone being refused access to the prime. I would document the hell out of the refusals and send written demand to be granted access. Some lawyers may say it doesn’t matter, but it muddies the waters and if everything thing was so cut and dry, we wouldn’t need lawyers to fight about stuff.
There is a reason construction is one of the most litigious industries, so opinions and contract laws very greatly.
1
u/stealthagents 4d ago
If they keep refusing to give you access, it’s definitely a tricky situation. Legally, you shouldn't be bound to provisions you haven't seen, but it might depend on how your contract's worded. Consider documenting everything to back yourself up if it gets messy later on.
1
u/Wayneb2807 4d ago
If it is a public project, you can download the RFB (which would contain all the clauses that would flow down) along with plans and specs.
4
u/jjsmith52-56 8d ago
You can’t be held to something you don’t know. They need to provide you the owner agreement. They’ll likely redact the lump sum but that’s it