Prime Contractor/Subcontractor Disputes

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.