Michael Richard, Esq. is an attorney with Obermayer Rebmann Maxwell & Hippell, LLP. He practices law in the areas of government contracts, procurement, design and construction. Michael’s clients include architect-engineer firms, design-builders, construction contractors, environmental remediation contractors, IT firms, suppliers, and defense contractors. He advises clients regarding bid protests, contract administration issues, CPARS performance reviews, disputes with subcontractors, and preparing and prosecuting REAs and claims pursuant to the Contract Disputes Act. Michael litigates before the Armed Services and Civilian Boards of Contract Appeals and the Court of Federal Claims, and has successfully employed government approved Alternative Dispute Resolution procedures to resolve claims.
Critical Considerations When Drafting and Negotiating Subcontracts on Federal Government Contracts
In this presentation, experienced government contracting attorney Michael Richard will explain some of the critical issues that arise in advising clients regarding subcontracts on federal government contracts. Michael will explain the essential issues that prime contractors and subcontractors must keep in mind when negotiating and drafting subcontracts for use on federal projects. He will discuss FAR flow-down clauses and other critical provisions and explain how to think about disputes and payment clauses. Pass through claims and claims between prime and subcontractors will also be discussed. Learn how to advise prime contractors on how to protect themselves in disputes between the subcontractor and the government, and how to advise subcontractors on how to preserve their rights against both the prime and the government.
This course is co-sponsored with myLawCLE.
Key topics to be discussed:
• What clauses should be flowed down from the prime contract with the federal government to the subcontract?
• What kind of dispute resolution clauses should be included in the subcontract to facilitate pass-through claims?
• What law governs subcontract payment clauses?
• How does a claim against the payment bond under the Miller Act work?
Date / Time: August 14, 2019
• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific
Choose a format:
• Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
• On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.
- Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)
- Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.
- “Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.
Section I. Flow-Down Clauses
Section II. Subcontractor Claims Against Owner (“Pass-Through” Claims)
Section III. Subcontractor Claims Against Prime Contractors
Section IV. Miller Act Claims (Subcontractor Claims Against Prime’s Surety)