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Critical Considerations When Drafting and Negotiating Federal Government Subcontracts

(426 reviews)

Produced on July 17, 2018

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$ 59 Contract and Government Contracting In Stock
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Course Information

Time 1h 2m
Difficulty Intermediate
Topics covered in this course: Contract Government Contracting

Course Description

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

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


Michael A. Richard

Obermayer Rebmann Maxwell & Hippel LLP

Michael is an attorney in Obermayer’s Government Contracting Department, where he excels at getting clients to the settlement table. Michael’s tenacity is truly a force to be reckoned with. Over the past two years alone, he has settled over $30 million in claims against the United States government.

While Michael enjoys fighting for his clients and winning cases on the merits, his goal is always to reach a reasonable settlement to avoid the costs and risks of trial.  That is why he continues to pursue settlement right up until the eve of trial, and has even resolved cases on the courthouse steps. In the very rare instances where there is no satisfactory settlement to be had, Michael has the experience and know how to resolve the case with maximum efficiency through summary judgment motions, submission on the record, or at trial.

Michael is a self-described “law nerd” who truly enjoys the complexities and depth of the law on government contracts. He enjoys diving into the case law to find the right answer, the answer that helps his clients resolve their disputes in the most efficient manner possible. He also keeps a library with highlighted copies of every case he has read during his entire career. This allows Michael to both quickly access the relevant case law when an issue comes up, but also to maintain a breadth of knowledge on the subject of government contracts that is both wide and deep.

In his free time, Michael enjoys playing strategy games, reading science fiction, swimming, and spending time with his wife, kids, and dog.


Sheryl O.

Very informative and very well presented.

Todd A.

Excellent high-level overview and description of key points.

Kathryn C.

Great presentation with clear statement of parties rights and obligations federal contracting scenarios.

Michael V.

I wish I took this course years ago. Very useful. Second CLE by this presenter, highly recommended.

Anthony R.

Very helpful. Not easy getting subcontractor specific information about US procurement rules. Counselors representing federal subcontractors will benefit from this lecture.

Peter F.

Dense stuff but well presented in an understandable way, Thank you.

Edward C.

Very well presented.

Thomas K.

Mr. Richard seemed very knowledgeable on his topic!

William C.

Very informative course!

Brian M.

Excellent overview!

Wayne W.

The course content was excellent and the presenter was very knowledegable.

Joan C.

It made me realize pitfalls to watch for

Diane H.

Nice job. Very informative.

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