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No Prime Liability = No Pass-Through

Client Alert | less than 1 min read | 05.06.08

The Court of Federal Claims in Harper/Nielsen Dillingham, Builders v. U.S. (Apr. 29, 2008) denied a contractor's suit against the government in which it sought to pass through subcontractor claims for cost increases caused by government delays. The court acknowledged that the "Severin doctrine" allows such pass-through claims when the prime contractor is potentially liable to its subcontractor for the damages, but here found the prime could not be liable because the subcontract included an "iron-bound bar" against such liability due to a "no damage for delay" clause.

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Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....