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Jan 9, 2018

ASM is proud to announce that Tamara McNulty will be a speaker at the ABA Forum on Construction Law’s Mid-Winter meeting in Fort Myers, Florida. The theme of the conference is “Subcontractors, Subconsultants, Suppliers – OH MY!… We Aren’t in Kansas Anymore.”

Tamara’s panel will be on Thursday, January 18, 2018. The title of the panel presentation is “Grabbing the Lion by the Tail: Pass-Through Claims and Liquidating Agreements.” The Panel will discuss the ins and outs of pass-through agreements included in subcontracts and liquidating agreements subsequently executed by the parties when claims arise – the meaning and intent of these agreements; owner defenses to pass-through claims; and, mistakes to avoid in negotiating and implementing these agreements, including failing to preserve defenses, reserve rights, or to prevent associated legal fees from undermining any meaningful savings by the contractor or recovery by the subcontractor. The Panel will address certifying subcontractor pass-through claims on public projects, potential pitfalls, and how to avoid liability under the False Claims Act and similar statutes.