Don’t confuse pass-through claims with flow down clauses.
Pass?through claims arise in the situation where the owner causes the subcontractor to incur damages. The subcontractor cannot bring a claim directly against the owner because of a lack of privity. However, the subcontractor can bring a claim against the contractor who in turn can assert the claim against the owner on behalf of the subcontractor thereby creating the pass-through claim. This video reviews the pass-through concept and the Severin Doctrine.
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of graduate courses in design and construction law and real estate development law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
- Drafted form construction contracts for the Associated Owners and Developers, a national organization
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
- Can be contacted at [email protected], [email protected], or 404-815-3711
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