Photo of Amy Elizabeth Garber

Amy Garber focuses her practice on construction and government contracts, and has significant experience in commercial litigation. She handles construction, arbitration, and litigation matters in the District of Columbia, Virginia, and the Fourth Circuit. In her construction practice, Amy has represented and counseled contractors in cases involving federal and state Miller Act and complex payment disputes, and effected removal, settlement, and/or dismissal of various claims. View articles by Amy

Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the release language is too broad, however, the agreement

To Reserve or Not to Reserve? Maintaining Claims against the GovernmentContractors do not have to waive future claim rights when negotiating the direct cost of a change order (modification) with the government, despite banter by the contracting officer that reservation of claims is not permitted. More often than not, the contracting officer will inform the contractor that it is necessary to incorporate the following language

Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to subcontractor “pass-through” claims based on broad language in subcontractor progress payment releases. In light of these