In the world of pass|through claims
In the world of pass-through claims, a duty of good faith emerges
The duty of good faith and fair dealing means that parties cannot evade the spirit of the bargain, perform incorrectly on purpose, or interfere with or fail to ...
Legal Brief: How pass-through claims can go awry - ASCE
For contractors or engineers, dealing with pass-through claims from subcontractors or subconsultants is fraught with legal land mines and ...
Subcontractor Pass-Through Claims Are Vulnerable to the Severin ...
A pass-through claim is a subcontractor claim against the government that a prime contractor (who is in privity of contract with the government) ...
Pass-Through Claims and The Severin Doctrine - NCS Credit
In construction, a pass-through claim is when one party makes a claim on a second party's behalf. In Subcontractor Pass-Through Claims Are ...
Pass-Through Subcontractor Claims, Liquidating Agreements, and ...
A pass-through claim is a claim by the subcontractor who has suffered damages by the owner with whom it has no contract, presented by the general contractor.
Pass through Claims and Liquidation Agreements | Hard Hat Law
As is seen in the cases that apply the Severin doctrine, the Prime Contractor may not be able to pursue a pass through claim should it decide to do so contrary ...
Flow-Through Claims: 10 Key Liquidating Agreement Considerations
One potential route is to permit the subcontractor's claim to “flow through” the prime (in some provinces, “principal” or “general”) ...
Avoiding a Bermuda Triangle: Preservation of Subcontractor Pass ...
Avoiding a Bermuda Triangle: Preservation of Subcontractor Pass-Through Claims ... Turning now to the mundane earth of federal contracting ...
Contractor's Failure to Timely Submit Claims as Committed in Pass ...
A pass-through agreement can provide the general contractor a powerful tool in the form of subcontractor support and assistance, both in preparation for and ...
Severin Strikes Again! - Asmar, Schor & McKenna, PLLC
As discussed in our paper, under certain circumstances, particularly in the federal arena, the ability to assert a pass-through claim is limited ...
Can Federal Contract CDA Claims be Brought by Subcontractors?
Subcontractors can bring a "flow-through claim" that operates under the same rules and procedures as a typical prime contractor claim under the Contract ...
Court Holds That Contractor Has Duty to Disclose Information ...
... Pass-Through Claims When Negotiating Pass-Through Settlement Agreement ... Our over 700 attorneys provide business clients around the world ...
Are Subcontractor Pass-Through Claims a Sound Administrative ...
Claim sponsorship agreements have gained acceptance in the public sector, however, primarily because they are an efficient way to resolve ...
What Is the Severin Doctrine, and Why Is it Important?
If either prerequisite is met, the prime contractor can attempt to pass through the claims of the subcontractor to the government. ... World Services Group ...
A contractor sponsors the subcontractor's claim by bringing an appeal on the subcontractor's behalf, or by allowing the subcontractor to bring an appeal in the ...
Miller Act Claims and Dispute Resolution Procedures - Cohen Seglias
Yet, rather than pursuing a pass-through claim, some subcontractors attempt to recover their losses through a bond claim rather than from the federal agency ...
Subcontractor Claims and Prime Contractor - Government Contracting
However, a subcontractor may present a claim through the sponsorship of the prime (the claim remains in the name of the prime). The act of attaching an SF 1411 ...
AIC 300: Claims in an Evolving World - The Institutes
From negotiating fair settlements to learning how to spot fraudulent behavior, this course will help you get better at your job and give you the skills you need ...
Six Key Questions When Settling and Releasing Legal Claims
This is particularly true now, as companies around the world grapple ... through, under, or in concert with them.” You may also want to ...
Subrogation 101 (and Why Should I Care?) - Policyholder Pulse
Thus, if the policyholder has previously waived certain claims, the insurance company cannot later revive them. But … always check your ...