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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
Dec 16, 20223 min read
The Effects of Subcontractor Default
Given many primes rely on subcontractors for the performance of their government contracts, the success or failure on a project depends...
Kristi Morgan Aronica
Dec 14, 20222 min read
Enforceability of Teaming Agreements
Government contractors often form strategic alliances to enhance their competitiveness. By partnering on opportunities, they can compete...
Kristi Morgan Aronica
Dec 13, 20223 min read
The Christian Doctrine & Bonding Requirements In Government Construction Contracts
Utilizing the Christian doctrine, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has held that bonding...
Kristi Morgan Aronica
Dec 12, 20222 min read
Can Federal Law Override Applicable State Law in Subcontracts?
As with any legal issue, the response is never black and white, but yes, a subcontract dispute may ultimately be governed by federal law...
Kristi Morgan Aronica
Dec 11, 20222 min read
Risk of Loss or Termination for Convenience – Damages Matter
Primes and subs know well how a government contracting principle incorporated into a subcontract agreement can generate unique legal...
Kristi Morgan Aronica
Dec 10, 20222 min read
No Bond; No Claim: Supporting a Miller Act Cause of Action
As in commercial settings, primes with government construction contracts will rely on various tiers of subcontractors to complete the...
Kristi Morgan Aronica
Dec 9, 20222 min read
When Versus Whether: Enforceability of Contingent Payment Clauses in Subcontracts
Often subcontracts utilize language that states the prime contractor will pay the subcontractor for the portion of the subcontractor’s...
Kristi Morgan Aronica
Dec 8, 20223 min read
Acting in Good Faith: A Condition Precedent to a Surety’s Right to Indemnification
When a federal government project requires it, a prime contractor must secure a bond to ensure payment for any concerns providing labor...
Kristi Morgan Aronica
Dec 7, 20222 min read
Voiding a Subcontract Term Because It Violates a Procurement Statute
One of the key dynamics in the relationship between primes and subs is the interplay among the prime contract and the subcontract. One...
Kristi Morgan Aronica
Dec 6, 20222 min read
The Cardinal Change Rule and Its Impact on Primes and Subs
In most federal government contracts, a “changes” clause appears permitting the government to make and direct unilateral changes to the...
Kristi Morgan Aronica
Dec 5, 20222 min read
Contract Ambiguity: Comparing Public Contract Law and Texas Common Law
Government contracts often include both prime and subcontractor arrangements. Public contract law governs the prime relationship between...
Kristi Morgan Aronica
Nov 21, 20222 min read
Application of the Government Contractor Defense by Subcontractors
Government contractors can face lawsuits based in tort when the products they provide cause injury or death. In the classic example, a...
Kristi Morgan Aronica
Nov 20, 20222 min read
Government Involvement When Prime Contractors Fail to Pay Subcontractors
Subcontractors who have not been paid for their goods or services as a general rule do not have the ability to seek redress from the...
Kristi Morgan Aronica
Nov 19, 20223 min read
Privity of Contract Between the Government and a Subcontractor? Maybe, But Don’t Count on It.
Often in public procurements the government will make an award to a prime contractor and then for various reasons the prime will...
Kristi Morgan Aronica
Nov 18, 20222 min read
Suing the Owner for Non-Payment When the Owner Is the Government
In late 2021, a case was filed in the U.S. District Court for the Southern District of Texas where a lower-tier subcontractor sued the...
Kristi Morgan Aronica
Nov 17, 20222 min read
Does the Federal Prompt Pay Act Confer a Private Right of Action?
The overwhelming legal precedent on this question is that it does not. The requirements of the Federal Prompt Payment Act are found in...
Kristi Morgan Aronica
Nov 16, 20224 min read
Can a Subcontract Dispute Issued Against a Government Contract Confer Federal Question Jurisdiction?
In short, likely no. A dispute arising between a prime and sub over a matter related to a federal procurement contract is not enough in...
Kristi Morgan Aronica
Sep 22, 20223 min read
The Rising Tide of Cybersecurity Scrutiny and Enforcement Efforts
Recent developments in cybersecurity for government contractors.
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