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Legal scholars often talk about the risk of loss which attaches to situations involving contractors and subcontractors.We talked about risk of loss in a slightly

  1. Legal scholars often talk about the "risk of loss" which attaches to situations involving contractors and subcontractors.We talked about "risk of loss" in a slightly different context, but the same principles apply.That is, if something bad happens in a contractual relationship, which party should shoulder the burden of any resulting loss?In a construction contract, if a subcontractor submits a bid which contains a mathematical error, and the General Contractor relies upon that bid to put together a proposal for the overall project, which of the two parties should bear the burden, the risk of loss, for the subcontractor's mistake?Why?

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