Question: From Subcontractor standpoint: When the contractor was bidding out the MEP subcontract, they knew that the market was tough and subs were more desperate for

From Subcontractor standpoint:

When the contractor was bidding out the MEP subcontract, they knew that the market was tough and subs were more desperate for work. The contractor added clauses for no-damage-for-delay, pay-when-paid, and waiving of lien rights into the subcontract.

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  • Explain whether the owner would have those same clauses in the contract with the prime contractor. What are the ethical implications for the contractor to insist on these clauses in their contracts with their subs?
  • What are a subcontractors options in dealing with a contract that includes such exculpatory clauses?

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