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Subcontract Unenforceable When Violates SBA Requirements

Client Alert | 1 min read | 08.30.10

In Morris-Griffin Corp. v. C & L Servs. Corp. (Aug. 16, 2010), the U.S. District Court for the Eastern District of Virginia found that a subcontract between a small business prime contractor and its large business subcontractor was unenforceable because it violated the SBA's size regulations and limitations on subcontracting. After finding that the two companies were affiliated and that the large business subcontractor was seeking to enforce a subcontract under which it was entitled to greater than 50% of the costs incurred for personnel, the court concluded that the prime had falsely certified that it was a small business and that its contract awarded under an 8(a) set-aside had been "conceived in fraud," noting further that such set-asides "are susceptible to finagling."

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Client Alert | 7 min read | 01.09.25

Navigating Disputes on Megaprojects Amid Trump Tariffs - Part 2

President-elect Donald Trump plans to impose widespread tariffs when he takes office in late January 2025. He has stated that one of his first executive orders will be to impose a 25% tariff on all products imported from Canada or Mexico. Products imported from China, such as metals, coatings, plumbing components and HVAC parts, could face an additional 10% tax above current tariffs. The imposition of such tariffs will have significant implications for megaprojects, including large infrastructure developments like highways, bridges, tunnels, airports, and railways, as well as large-scale energy projects like power plants, oil and gas facilities, and renewable energy installations....