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ARTICLE · 27 AUGUST 2026

The First 72 Hours: Handling A Prime-Sub Dispute (Video)

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When a prime contractor-subcontractor dispute emerges in government contracting, the initial response can determine the entire trajectory of the case. This analysis explores the critical actions in-house counsel must take within the first 72 hours, from identifying time-sensitive deadlines to building a contemporaneous record that can make or break your position in what are often the most complex disputes in the industry.

United StatesLitigation, Mediation & Arbitration

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If a prime contractor–subcontractor dispute just landed on your desk, the steps you take in the first 72 hours can shape the outcome of the entire dispute.

In government contracting, prime-sub relationships are foundational — but when they break down, the disputes that follow are often among the most complex and contentious in the industry. The stakes extend beyond money: in a highly competitive industry where past performance matters, how a dispute is handled can affect a company’s standing with the ultimate government customer and its ability to win future work.

In this episode of Inside Litigation, Ian Hoffman draws on his experience litigating prime-sub disputes to explain what in-house counsel must do from the moment a dispute arrives — and why the parties who have built a contemporaneous record of performance and performance problems are consistently the ones who come out ahead.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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