E.R. Mitchell Construction Co. v. Richard J. Danzig, Secretary of the Navy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a prime contractor may sue the government on behalf of its subcontractor, in the nature of a pass-through suit, for costs incurred by the subcontractor
• holding that a subcontractor could recover its costs through a pass-through suit brought against the government by the prime contract for the subcontractor’s losses resulting from delay caused by the government
• holding that the Severin doctrine can only bar a contractor’s pass-through suit against the government if the government first asserts at trial, and then proves, that the contractor is not liable to the subcontractor for the costs in suit
• holding that it is the burden of the government to prove that the prime contractor is not responsible for the costs incurred by the subcontractor that are at issue in the pass-through suit

Source: CourtListener parenthetical corpus (CC0).