L & B Construction Co. v. Ragan Enterprises, Inc.

Sears, Justice.

We granted certiorari in this case in order (1) to review the judicial construction of a “flow down” clause purported to incorporate a “no-damages-for-delay” provision from a general contract into a subcontract, and (2) to determine whether that “flow down clause” barred a subcontractor’s action for delay damages when the subcontract also provided that “only an extension of time” would be accorded the subcontractor in the event of contractor-caused delay. We determine that, under the unambiguous terms of the general and subcontracts at issue here, the “flow down clause”…