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Eric Frechtel practices in the area of construction and government contracts. He represents general contractors, subcontractors, sureties, and owners, in both the prosecution and defense of claims on large public and private construction projects. He has significant litigation experience before both state and federal courts, including both bench trials and jury trials, and he has considerable experience in construction arbitration as well. View articles by Eric

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

Broad “Assumption of Liability” Clause in Subcontract Likely Trumps “Waiver of Subrogation” Clause in Prime ContractIn a recent case handled by Bradley, a federal court in Maryland issued a decision attempting to reconcile inconsistent contract provisions.

The general contractor said that its fire sprinkler subcontractor was responsible for the burst sprinkler pipe and the resulting property damage based on the “Assumption of Liability” provision in the subcontract, which stated that