Jeffrey Haber | Freiberger Haber In Gamma USA, Inc. v. Pavarini McGovern, LLC, 2026 N.Y. Slip Op. 05237 (1st Dept. September 10, 2026), the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not… Continue reading Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Tag: Pass-Through Claims
Proper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s Risk
Burce A. Cohen | Ahlers Cressman & Sleight Because general contractors have direct contracts with their subcontractors, without proper contract clauses in place in the subcontract itself, general contractors can face unnecessary exposure to their subcontractors for claims that are the result of Owner caused issues. For this reason, a properly drafted subcontract should contain… Continue reading Proper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s Risk
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