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 | 11.06.25
Executive Branch Focus on Federally Funded Inventions
In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act.
Client Alert | 2 min read | 11.06.25
Key Takeaways to the State Attorneys General - Election Day 2025
Client Alert | 3 min read | 11.06.25
Supreme Court Oral Argument on Presidential Tariff Authority
Client Alert | 14 min read | 11.06.25

