Construction Super Conference 2018

Sessions Speakers Exhibitors Floor Plan Buzz

S23 ABA - Managing Dispute Resolution Through Pass-Through Agreements: Panacea or Pitfalls? (Room Encore Ballroom 4)

11 Dec 18
4:15 PM - 5:30 PM

Tracks: Business, Business, Business, Business, Business, Business, Business, Business, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Digital Decorating, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing, Screen Printing

The right of a contractor to “pass-through” the claims of a subcontractor to an owner is recognized almost universally both in federal and state courts. In resolving construction claims, these procedures promote judicial economy and help to avoid inconsistent results. However, drafting and then operating pursuant to these pass-through agreements presents unique challenges and often a delicate balance between competing interests.

In this program, an experienced panel of in-house and outside counsel will discuss strategies and considerations in facilitating and managing the process of cooperation within litigation involving owner, contractor, and subcontractor claims.

Upon completion of this session, participants will be able to:

  • Understand strategies for drafting and negotiating key terms in pass-through agreements.
  • Understand the challenges and risks faced by parties attempting to cooperate in the presentation of pass-through claims in arbitration or litigation, and strategies for working through those difficulties and limiting risk.
  • Understand when and where liquidation agreements are required in order to enable pass-through claims and generally what benefits and risks are presented. 

Presented by: ABA