Key Considerations When Subcontracting on Federal Contracts

A successful subcontracting relationship on a federal project requires the parties to consider not only their own interests but also the interests of the government. This legal balancing act requires attention to detail, strategic problem-solving, and an informed understanding of the bigger picture and all its moving pieces.

It also requires each party to understand the needs and fears of the other party. A prime contractor’s greatest fear may be getting caught in the middle, simultaneously litigating against its subcontractor and the government. A subcontractor’s primary concern likely is being left without a remedy for problems that arose during contract performance. A well-structured subcontract addresses and remedies these and other issues.

In this webinar, experienced government contracting attorney Maria Panichelli of Obermayer Rebmann Maxwell & Hippel will explain how to successfully navigate some of the biggest subcontracting issues from both the prime contractor and subcontractor points of view. The webinar will cover flow-down clauses, sub v. prime dispute resolution, and key strategies to minimize risk. Maria will discuss the most common subcontracting mistakes made by subs and primes in federal contracting, and how to avoid them. She will also briefly address pass-through claims and liquidation agreements.

In this webinar, attendees will learn:

• What a “Flow-Down” clause is
• Why flow-down clauses and risk-shifting clauses are critically important
• How to avoid the biggest mistakes commonly made by both primes and subs
• How to minimize risk related to disputes
• The ins and outs of pass-through claims