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Critical Considerations When Drafting and Negotiating Federal Government Subcontracts

Streams live on: Tuesday, July 17, 2018 at 01:00pm EDT

Course Format Webcast

Taught by

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Course Description

Estimated Duration 60 Minutes
Difficulty Intermediate

In the unique world of Federal government contracting, subcontracts can be a tricky business. When done incorrectly, prime contractors can end up in a horrible position - stuck between the owner and their subcontractors, fighting a battle on two fronts. This program will teach you how to successfully advise clients who are navigating the subcontracting process on a Federal contract so that they may avoid that result.  

Join experienced Federal contracting attorney Michael Richard of Cohen Seglias as he discusses the key concepts to keep in mind when drafting or negotiating Federal government subcontracts, including FAR flow-downs, disputes and payment clauses, and pass-through claims. He will also cover issues relating to prime v. subcontractor disputes, and, for attorneys with clients in the construction industry, critical considerations pertaining to Miller act claims.


Learning Objectives:
  1. Discuss FAR flow down provisions: what they are, what purpose the serve, and when they are required
  2. Review key provisions you should include in every Federal government subcontract
  3. Articulate the distinctions between claims between primes and their subs on one hand, and pass through claims against the owner on the other hand
  4. Grasp the basics of Federal Miller Act claims

Faculty

Michael A. Richard

Cohen Seglias Pallas Greenhall & Furman PC

Michael A. Richard is an Associate in the Federal Contracting Group and focuses his practice on government contracts and construction litigation. He represents clients in all aspects of federal contracting including bid protests, claim drafting, administrative dispute resolution procedures and litigation in the federal courts. Michael helps small businesses navigate the requirements of the SBA such as size determinations and NAICS code appeals. He also assists contractors with their day-to-day business challenges including, drafting and negotiating contracts, and contract administration.

Michael represents clients in all stages of litigation from assessing claims and developing case strategy, to discovery, motion practice and appeals. He helps contractors pursue claims for delay, impacts, disruption, differing site conditions and design defects. He represents contractors in disputes regarding pass-through claims, prompt payment requirements, prevailing wage issues, the assessment of liquidated damages and Miller Act bond claims. Michael negotiates settlements for construction clients in a variety of matters including construction defects, design errors, manufacturing defects and supplier failure.

Prior to law school, Michael managed luxury hotels in New Orleans. Working in the hospitality industry taught Michael the value of good business practices as well as the importance of proactively protecting your business against potential liability. Working in the French Quarter also taught him to keep a cool head under pressure, which continues to serve him well today as a litigator.

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