Question
Owens Owner (Owner) has hired a Design professional, A/E services (A/E), to design a project. A/E spends countless hours and creates masterful plans for a
Owens Owner (Owner) has hired a Design professional, A/E services (A/E), to design a project. A/E spends countless hours and creates masterful plans for a residential home for Owner. This residential home is a public project. Based on Frank Lloyd Wright's falling water design, the home is going to have a creek running through the home, making it an engineering masterpiece. After the design is complete, A/E goes and creates a bid package, which includes plans and specs, the proposed term, general conditions and some supplementary conditions. Also, there is a geotechnical report in order to give bidders an understanding of the lay of the land to make an informed estimate for the foundation with the creek running through it. The invitation for bids (IFB) goes out with the bid package, and many bidders respond. Throughout the bidding process, there are changes to the bid due to clarifications from bidding contractors.
Suppose there is a contract provision stating "if there is a conflict between the subcontract and the prime contract, then the prime contract governs." This provision is an example of a
A. | Promissory Estoppel | |
B. | Incorporation by reference | |
C. | Flow up provision | |
D. | Flow down provision |
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