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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 | 5 min read | 07.21.26

Last Call: “FAR CUI Rule” Draft Language Provides an Opportunity for Contractors to Weigh in by this Week

The FAR Council recently released an updated draft of the much-anticipated “FAR CUI Rule” that would apply to contractors government-wide....