Prime Contractor/Subcontractor Disputes

National Contract Management Association, Cape Canaveral Chapter, Viera, FL
January 14, 2009
Holiday Inn Conference Center
8298 N. Wickham Road
Viera, FL

David Black, a partner in Holland & Knight's Government Contracts practice group, will present a program on Prime Contractor/Subcontractor Disputes sponsored by the National Contract Management Association, Cape Canaveral Chapter.

This presentation will focus on the most frequent prime/sub disputes, including nonpayment, terminations, performance quality issues, noncompliance with flow-down requirements, misappropriation of trade secrets, solicitation of employees and enforcement of teaming agreements.

Mr. Black’s Workshop will help you:

  • Think through the strategic and tactical issues when disputes *cannot* be avoided
  • Negotiate a dispute as it is just starting to take shape
  • Draft subcontracts in a way that minimizes litigation risk.  

Mr. Black will also discuss the key issues and risks arising from Prime-Sub disputes, including:

  • The key procedural differences between the Prime-Sub disputes process and the Government-Prime disputes process and how they can impact litigation risk;
  • How the government's nonpayment can impact the subcontractor's obligations under the subcontract and the role of "pay when paid clauses";
  • How a termination for default or convenience of the prime contract can impact the subcontractor's rights under the subcontract;
  • Issues unique to disputes regarding trade secrets or solicitation of employees;
  • Issues arising from the flow-down of new FAR 52.203-13 regarding compliance programs and mandatory disclosure; and
  • Subcontract clauses that can be used to tailor the disputes process.

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