Contractual Fairness is Whatever the Parties’ Agreed
When you know a current action or inaction is wrong, but you do not object, should you be allowed to object later?
When you know a current action or inaction is wrong, but you do not object, should you be allowed to object later?
Sometimes it's not better to ask for forgiveness after-the-fact.
If you want to bind the subcontractor to the prime in every way the same as the prime is bound to the owner, then the incorporation clause of the subcontract should be: . . .