John Mark Goodman | BuildSmart A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through. See Ludvik v. Vanderlande, 2023 WL 8789379 (D. Utah, Dec. 19, 2023). If it breaches that duty, the contractor… Continue reading Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating Pass-Through Settlement Agreement
Tag: Pass-through Agreement
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”