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GSA Proposes to Codify Override of Some Commercial Terms

Client Alert | 1 min read | 06.07.16

GSA issued a proposed rule to amend its acquisition regulation to make unenforceable certain common commercial supplier agreement (CSA) terms, a follow-up to the class deviation (discussed here) released last year. While some of the common commercial terms targeted arguably are, as GSA asserts, inconsistent or create ambiguity with federal law (e.g., provisions imposing non-federal law, arbitration provisions, and indemnification provisions), some likely are not (e.g., provisions giving precedence to government terms, placing restrictions on unilateral termination for breach, and requiring the contractor to provide the text of terms incorporated by reference).

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Client Alert | 5 min read | 06.11.25

Steel Tariffs Doubled: How the Hike Could Reshape Construction Projects at Home and Abroad

To date the Trump Administration has issued multiple proclamations imposing varying rates of import duties on steel and aluminum and certain derivatives, including construction materials. These measures have added volatility and financial pressures to the construction sector both in the United States and abroad. Most recently, on June 3, 2025, President Donald Trump issued a proclamation under Section 232 of the Trade Expansion Act of 1962, doubling tariffs on imported steel and aluminum from 25% to 50%, effective June 4, 2025. This action aims to counteract the continued influx of lower-priced, excess steel and aluminum imports that, according to the administration, threaten U.S. national security by undermining domestic production capacity. The proclamation notes that while prior tariffs provided some price support, they were insufficient to achieve the necessary capacity utilization rates for sustained industry health and defense readiness. The United Kingdom remains temporarily exempt at the 25% rate until July 9, per the U.S.-U.K. Economic Prosperity Deal....

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