Mason Rollins | Bradley Arant Boult Cummings Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the Severin doctrine. The Severin doctrine (based on a case which announced the rule in federal procurement) allows… Continue reading What Is the Severin Doctrine, and Why Is it Important?
Tag: Severin Doctrine
Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Amy Elizabeth Garber and Robert J. Symon | Buildsmart When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the… Continue reading Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine
Eric Frechtel and Amy Elizabeth Garber | Bradley Arant Boult Cummings LLP | January 24, 2018 Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to subcontractor “pass-through”… Continue reading Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine