It is unlikely that the owner would have the same clauses in their contract with the prime contractor. These clauses are typically included in subcontracts, rather than the contract between the owner and the prime contractor.

Explanation:

The ethical implications for the contractor to insist on these clauses in their contracts with their subs depend on the specific circumstances. In general, it is the contractor's responsibility to negotiate fair and reasonable terms with their subcontractors. If the contractor is using these clauses to take advantage of the subcontractor's desperation for work, or if the clauses are overly restrictive or unfair, it could be considered unethical.

Step $2$

Subcontractors have several options when dealing with contracts that include exculpatory clauses. They can negotiate with the contractor to try to modify or remove the clauses, or they can refuse to sign the contract if they find the terms unacceptable.

Explanation:

Subcontractors can also seek legal advice to better understand their rights and obligations under the contract. In some cases, it may be necessary for the subcontractor to take legal action to protect their interests.

Answer

It is unlikely that the owner would have the same clauses in their contract with the prime contractor. These clauses are typically included in subcontracts, rather than the contract between the owner and the prime contractor.

The ethical implications for the contractor to insist on these clauses in their contracts with their subs depend on the specific circumstances. In general, it is the contractor's responsibility to negotiate fair and reasonable terms with their subcontractors. If the contractor is using these clauses to take advantage of the subcontractor's desperation for work, or if the clauses are overly restrictive or unfair, it could be considered unethical.

Subcontractors have several options when dealing with contracts that include exculpatory clauses. They can negotiate with the contractor to try to modify or remove the clauses, or they can refuse to sign the contract if they find the terms unacceptable.

Subcontractors can also seek legal advice to better understand their rights and obligations under the contract. In some cases, it may be necessary for the subcontractor to take legal action to protect their interests.