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 Construction and Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Worked for an ENR® top 50 general contractor
- Drafted form construction contracts for the Associated Owners and Developers, a national association
- 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., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
- Contact information s[email protected], [email protected], and (404) 815-3711
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