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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

STOP in the Name of Releases, Before They Break Your ClaimsGiven the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government’s desire for releases while preserving their claims. A recent Armed Services Board of Contract Appeals decision is

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