In the unique world of federal government contracting, subcontracts can be a tricky business. When done incorrectly, prime contractors can end up in a horrible position – stuck between the owner and their subcontractors, fighting a battle on two fronts. This program will teach you how to successfully advise clients who are navigating the subcontracting process on a federal contract so that they may avoid that result.
Maria and Michael discussed the key concepts to keep in mind when drafting or negotiating federal government subcontracts, including FAR flow-downs, disputes and payment clauses, and pass-through claims. They also covered issues relating to prime v. subcontractor disputes, and, for attorneys with clients in the construction industry, critical considerations pertaining to Miller Act claims.
Learning Objectives
- Discuss FAR flow down provisions: what they are, what purpose they serve, and when they are required
- Review key provisions you should include in every federal government subcontract
- Articulate the distinctions between claims between primes and their subs on one hand, and pass through claims against the owner on the other hand
- Grasp the basics of federal Miller Act claims