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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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