Article Date: 10/04/2009

SUBCONTRACT "FLOW-DOWN" CLAUSE DID NOT INCORPORATE CLAIM LIMITATION PERIOD

Court of Appeals of Washington, Division Two

Waldner Consulting, Inc. v. Miller Contracting, Inc.

No. 37592-3-II
September 15, 2009

Overview

A Washington court has ruled that a general "flow-down" clause in a subcontract did not incorporate a 180-day claim limitation period from the prime contract. The limitation period was inconsistent with a separate claim resolution provision in the subcontract.

Background

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