The article, published in the Summer 2025 issue of Cornerstone Magazine, is the first of a series examining the contractual dynamics important to prime contractor risk management.
Mark Snyder, a partner in P&A’s New York office, and associate Kara Smiley, have written “Not Everything Flows Downhill (At Least Not In New York): The Importance of Understanding How New York Courts Interpret Subcontract Incorporation by Reference and Flow-Down Provisions,” an article for Associated General Contractors of America (AGC) NYS. The article, published in the Summer 2025 issue of Cornerstone Magazine, is the first of a series examining the contractual dynamics important to prime contractor risk management. Prime contractors need to carefully align their contracts with both the owner and subcontractors to avoid legal and financial risks in a construction project. Flow-down provisions and specific incorporation by-reference provisions – and how the courts of New York interpret and enforce them, is critical to effective contractual risk management. The full article can be read here starting on page 39.
Reprinted courtesy of Mark A. Snyder, Peckar & Abramson, P.C. and Kara M. Smiley, Peckar & Abramson, P.C.
Mr. Snyder may be contacted at msnyder@pecklaw.com
Ms. Smiley may be contacted at krivas@pecklaw.com