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."
Insights
Client Alert | 4 min read | 04.03.25
Unfair Clauses in B2C and B2B Contracts: Be Aware of Different Sanctions
In recent years, there has been a wave of new legislation impacting contracts and contractual terms. The Belgian legislator is gradually adopting the different Books of our new Belgian Civil Code. Last February, a new proposal for Book VII on special contracts, including sale and loan agreements was submitted. Additionally, the Belgian Code of Economic Law has been updated several times, impacting the drafting of contracts and of contractual terms, not only between companies but also with consumers.
Client Alert | 4 min read | 04.02.25
Preparing for Multidistrict Litigation: Lessons for the Defense Toolkit
Client Alert | 3 min read | 04.01.25
D.C. Circuit Rejects Copyrightability of Artwork Created Autonomously by AI
Client Alert | 2 min read | 04.01.25