摘要: |
The prime contractor is responsible to the owner. In turn, subs and suppliers are obligated to the prime to the same extent the prime is obligated to the owner. In federal contracts and in many states-though not all-certain exceptions to the Severin doctrine allow prime contractors to submit claims on behalf of subs and suppliers seeking costs for which the owner is or may be liable (i.e., so-called Pass-Through Claims). In the recent story summarized below, which is currently on appeal to the Maryland State Supreme Court, a supplier has already been through multiple rounds with differing results as to whether it can claim directly against the Maryland State Highway Administration (SHA) or pass its claims through the prime to the SHA. In August 2011, the SHA issued a Highway Noise Policy with requirements and procedures for approval of suppliers producing precast concrete products. Pre-approval, subject to annual review, was required before a supplier could be used in a bid on SHA highway projects. SHA charged an annual inspection fee. |