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...
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Kristi Morgan Aronica
- Jan 18
- 3 min
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
- 1 min
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
- 2 min
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
- 1 min
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, 2022
- 3 min
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, 2022
- 3 min
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, 2022
- 2 min
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, 2022
- 5 min
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, 2022
- 4 min
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, 2022
- 3 min
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, 2022
- 2 min
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...
Kristi Morgan Aronica
- Dec 16, 2022
- 3 min
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, 2022
- 2 min
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, 2022
- 3 min
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, 2022
- 2 min
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, 2022
- 2 min
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, 2022
- 2 min
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, 2022
- 2 min
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, 2022
- 3 min
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...
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