Sovereign and Derivative Immunity in Government Contracts
Government contractors enjoy a powerful and effective legal defense through the doctrine of derivative immunity.
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News & Insights
Welcome to Weitz Morgan's blog. Our experienced attorneys provide timely and insightful analysis of legal issues that affect businesses in the government contracting, medical, insurance, and legal industries. We cover a range of topics within our practice areas as well as announce firm news, upcoming events, and resource releases. Our goal is to help our readers stay up-to-date on the law and latest developments in government contracts, healthcare, insurance, and civil litigation and make informed decisions that benefit their businesses. Check back regularly for new articles and updates. Or contact us to schedule a consultation with one of our attorneys.
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Kristi Morgan Aronica
Aug 19, 20231 min read
Slideshow | Key Considerations When Subcontracting With a Federal Government Contractor
A slideshow on key aspects of subcontracting with federal contractors.
Kristi Morgan Aronica
Aug 18, 20231 min read
Partner Kristi Morgan Aronica Publishes Another LexisNexis Practical Guidance
Partner Kristi Morgan Aronica publishes with LexisNexis again. This time on bid protests.
Kristi Morgan Aronica
Aug 17, 20234 min read
Westfall Act Immunity, Its Jurisdictional Nuances, and Its Application to Contractors
Federal employees, and in some cases government contractors, enjoy absolute immunity from liability and suit under Westfall Act Immunity.
Kristi Morgan Aronica
Aug 9, 20233 min read
The Federal Prompt Pay Act as Basis for Common Law Claims in Non-Payment to Subcontractors Cases
It is well-settled that the Federal Prompt Pay Act does not create a private right of action by a subcontractor against a prime...
Kristi Morgan Aronica
Apr 26, 20234 min read
The Difference Between GAO and Court of Federal Claims Bid Protests
Bid protests are another one of the unique aspects of participating in the government contracts marketplace. In short, they allow...
Kristi Morgan Aronica
Feb 22, 20234 min read
The Government Contractor Defense: Colorable Under the Federal Officer Removal Statute
If certain conditions are met, the Federal Officer Removal Statute confers subject matter jurisdiction on federal courts and allows a...
Kristi Morgan Aronica
Feb 6, 20234 min read
Options for Contractors When a Breach of Contract Claim Appears Barred by Lack of Actual Authority
Occasionally companies need to sue a customer for breach of contract. But when the customer is the government, unique aspects are at play...
Kristi Morgan Aronica
Jan 27, 20233 min read
Is a FAR Clause Inapplicable to the Contract Type but Included as a Term Still Binding?
The Federal Circuit has held that it is not, at least as to terminations for convenience. The court determined that a termination for...
Kristi Morgan Aronica
Jan 18, 20233 min read
Want to Recover Termination for Convenience Costs in Contracts for Commercial Items & Services?
Make Sure You Actually Have a “Standard Record Keeping System.” It is well-settled that the federal government can terminate a contract...
Kristi Morgan Aronica
Jan 16, 20231 min read
Additional Compensation From the Government
Government contractors often need to seek adjustments on their contracts from the government, either for additional money, time, or other...
Kristi Morgan Aronica
Jan 11, 20232 min read
My Surety Paid... Now What?
As I’ve written about before, the Miller Act offers protection for those who provide labor and materials on federal government projects...
Kristi Morgan Aronica
Jan 10, 20231 min read
Liability for “Going-Around” a Sub
A great article published by JD Supra offers a good lesson to prime contractors. In summary, it is an overview of a case out of Virginia...
Kristi Morgan Aronica
Dec 23, 20223 min read
When Does the Duty to Mitigate Arise?
The duty of a plaintiff to mitigate its damages is a long-standing tenet of contract law. In effect, if an injured party can reduce the...
Kristi Morgan Aronica
Dec 22, 20223 min read
A Cautionary Tale: Failing to Comply with Written Notice
Notice of Default Was Not in Writing. Immaterial Breach or Strict Condition Precedent to Recovery? Strict condition precedent. If a...
Kristi Morgan Aronica
Dec 21, 20222 min read
Can A Subcontractor Circumvent the Privity Rule and Sue the Federal Government?
Yes, exceptions exist. But successfully utilizing them is challenging. This article will focus on two: third-party beneficiary status and...
Kristi Morgan Aronica
Dec 20, 20225 min read
Part II: Litigation Impact Issues to Consider in a Subcontract Originating from a Federal Government
In this second installment of a series of articles highlighting how issues related to government contracting impact subcontract terms...
Kristi Morgan Aronica
Dec 19, 20224 min read
Part I: Litigation Impact Issues to Consider in a Subcontract Originating from a Federal Government
Best practices dictate that government contracting partners should approach all of the terms of their subcontract agreement from the...
Kristi Morgan Aronica
Dec 18, 20223 min read
What Is the Christian Doctrine & Does It Apply to Subcontractors?
The Christian Doctrine: A principle of government contract law known as the Christian doctrine states that certain clauses are of such...
Kristi Morgan Aronica
Dec 17, 20222 min read
Subcontract Termination and Anticipatory Profits
In exchange for the right to terminate for convenience, the government agrees to pay prime contractors certain costs associated with the...
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