Critical Considerations When Drafting and Negotiating Subcontracts on Federal Government Contracts


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

In this presentation, experienced government contracting attorney Michael Richard will explain some of the critical issues that arise in advising clients regarding subcontracts on federal government contracts. Michael will explain the essential issues that prime contractors and subcontractors must keep in mind when negotiating and drafting subcontracts for use on federal projects. He will discuss FAR flow-down clauses and other critical provisions and explain how to think about disputes and payment clauses. Pass through claims and claims between prime and subcontractors will also be discussed. Learn how to advise prime contractors on how to protect themselves in disputes between the subcontractor and the government, and how to advise subcontractors on how to preserve their rights against both the prime and the government.

Key topics to be discussed:

•   What clauses should be flowed down from the prime contract with the federal government to the subcontract?
•   What kind of dispute resolution clauses should be included in the subcontract to facilitate pass-through claims?
•   What law governs subcontract payment clauses?
•   How does a claim against the payment bond under the Miller Act work?

Date / Time: August 14, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
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Original Broadcast Date: August 14, 2019

Michael Richard, Esq. is an attorney with Obermayer Rebmann Maxwell & Hippell, LLP. He practices law in the areas of government contracts, procurement, design and construction. Michael’s clients include architect-engineer firms, design-builders, construction contractors, environmental remediation contractors, IT firms, suppliers, and defense contractors. He advises clients regarding bid protests, contract administration issues, CPARS performance reviews, disputes with subcontractors, and preparing and prosecuting REAs and claims pursuant to the Contract Disputes Act. Michael litigates before the Armed Services and Civilian Boards of Contract Appeals and the Court of Federal Claims, and has successfully employed government approved Alternative Dispute Resolution procedures to resolve claims.

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Section I. Flow-Down Clauses

Section II. Subcontractor Claims Against Owner (“Pass-Through” Claims)

Section III. Subcontractor Claims Against Prime Contractors

Section IV. Miller Act Claims (Subcontractor Claims Against Prime’s Surety)