Sub Held to Prime’s Schedule Requirements

Kegler Brown Construction Newsletter

Many subcontracts require the subcontractor to follow the contractor's schedule, but often that schedule is not in place when the subcontract is signed. A Pennsylvania court has ruled that in that circumstance the subcontractor had agreed to comply with the prime's scheduling requirements even though no schedule was then in existence. Allied v. Dick Enterprises, 972 F. Supp. 922 (U.S.D.C. E.D. Pa).

If subcontractors want to avoid this problem their specific scheduling sequence or assumptions should be listed as conditions of their bid and later specifically referenced in the subcontract.