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Pursuing the Ultimate Bad Guy: Problems of Privity & How to Get Around Them

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The controversy of pass-through claims, liquidating agreements, assignment of pre-takeover surety claims and actions between contractors and A/Es continues to boil. Very often, even good projects can become entangled in end-game issues with the occasional errant subcontractor or recalcitrant owner. Contractor-owner clauses treat damages one-way while subcontractor-contractor language may say something different. And of course, many government contracts prevent sureties from pursuing pre-takeover claims.

 

When contractors sense impending doom over a payment or privity issue, the strategy to take is not always clear. Similarly, owners can be caught by surprise and may react hastily with the wrong approach. Both sides might have justifiable positions, but the contract language is hindering direct resolutions with the party at fault. What’s the proper action to take?

 

What does the law say?

 

Liquidating agreements are a widely recognized method for subcontractors to pursue claims against the owner for damages for contract-recognized changes. No damage for delay subcontract language notwithstanding, with liquidating agreements courts have granted delay damages to subs for owner-caused delay. To help you understand this complex topic, Construction Claims Advisor presents a unique interactive teleconference: Pursuing the Ultimate Bad Guy: Problems of

 

Privity & How to Get around Them. Join our experts to learn:

·   Three essential requirements for a valid liquidating agreement

·   Other court-recognized methods of overcoming privity issues

·   Recent federal and state rulings affecting liquidating agreements, contractor-A/E lawsuits and direct subcontractor-owner liabilities

·   Actions sureties can take to preserve pre-takeover claims

·   Savvy contractors can turn a failed claim against the owner to go after the subcontractor

·   On the horizon, reverse liquidating agreements, increase suits by contracts against A/Es and much, much more.

 

Your Speakers

  

Larry D. Harris: Mr. Harris concentrates on construction and public contract negotiation and dispute resolution. He has assisted contractors in construction, supply, aerospace and service contract disputes arising out of federal, state, quasi-public and private projects and contracts. Additionally, he has represented public and private owners in construction disputes with general contractors and their subcontractors. He has counseled domestic and international companies, contractors, subcontractors, owners, design professionals and sureties in matters involving changes, specification conflicts, construction defects, acceleration, delay and disruption and termination of construction and supply contracts. He has litigated matters in federal and state courts in numerous jurisdictions, before boards of contract appeals and in arbitration tribunals. In addition to his dispute resolution experience, Mr. Harris has represented contractors, owners and lenders in the drafting and negotiation of construction contract documents on a variety of projects to include heavy civil, power, building and transportation. Mr. Harris has extensive Alternative Dispute Resolution (ADR) experience include arbitration, mini-trials, mediation and serves as a construction mediator and arbitrator.

 

Mr. Harris has lectured extensively and conducted seminars on federal procurement, construction contracting, and litigation Mr. Harris served as a captain in the United States Army Judge Advocate General's Corps (1976-1979) where he was a defense counsel and procurement legal advisor. He also served as a law clerk/commissioner to the Honorable Richard C. Solibakke, Chairman, Armed Services Board of Contract Appeals (1977-1979). Mr. Harris is a graduate of the University of Dayton and has a J.D. with honors from The George Washington University law school.

 

Joseph A. McManus Jr.: Mr. McManus’s practice provides legal services to corporations, trade associations, partnerships, small businesses, and individuals in the practice specialties of government construction, contracts law, commercial real estate and leasing, insurance and suretyship, general corporate matters, and litigation. Mr. McManus has been called upon as an expert witness on the construction contract payment process, claims management agreements, construction contract documents, and AIA Document A-210 General Conditions of the Contract for Construction.

 

Prior to forming the practice in 1983, Mr. McManus served as law clerk to Chief Justice Solibakke of the Armed Services Board of Contract Appeals while on active duty with the United States Air Force, JAG Corps; Mr. McManus served from 1972-1976. After his tour, he went into private practice in AtlantaGeorgia, from 1976-1979, specializing in construction and government contracts law. He served as General Counsel, Clark Construction Group (CEI) from 1979-1983. Mr. McManus graduated from the College of the Holy Cross in 1969 and Duke University Law School in 1972.

 

Leonard A. Sacks, Esq. Mr. Sacks’ practice focuses on construction matters relating to the interpretation of plans and specifications during performance of work, claim submissions, negotiations and litigation before the Boards of Contract Appeals, state and local courts, and mediation/arbitration. He typically represents subcontractors, general contractors, sureties and agency type owners. Mr. Sacks graduated Lehigh University, George Washington University Law Center Juris Doctorate with honors and Masters in Government Procurement Law 1973.

 

 

 

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