The Small Business Administration’s Paycheck Protection Program (PPP) Loan Necessity Questionnaire may soon be a thing of the past. Last fall the SBA began requiring lenders to provide certain questionnaires to PPP borrowers that received loans of $2 million or more. The questionnaire was meant to help assess the veracity of a borrower’s certification that
COVID-19 (Coronavirus)
Important Changes to International Arbitration Procedures
To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute Resolution Procedures (including its Arbitration and Mediation Rules),…
ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy Sector
The International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC Rules contain some important updates, especially for the construction and energy sector, which constitutes approximately 40% of the ICC’s overall caseload. The 2021…
Federal Highway Construction Funding Extended for Another Year Without Long-Term Plan in Place
One of the key refrains of national politics recently has been that we need to address, repair, and replace aging infrastructure. Of course, this leads to the core problem of funding as the amount of infrastructure construction and maintenance currently needed in the U.S. is staggering. The federal government recently put off dealing with this…
SBA’s New Paycheck Protection Program Appeal Rule
As part of Bradley’s continued reporting on issues arising from the CARES Act and the Paycheck Protection Program (PPP) that uniquely impact government contractors, we summarize here a new Small Business Administration (SBA) loan decision appeal rule.
Background on the New Rule
On March 27, 2020, the CARES Act became law. Section 1102 of that…
COVID-19 in the Workspace: Is Enough Enuf?
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor enters Sheriff Billy Wood’s office with a…
UPDATE: Section 3610 and PPP Guidance for Government Contractors
We previously reported on a series of issues arising from the CARES Act and Paycheck Protection Program (PPP) that uniquely impact government contractors. We have cautioned that government contractors should be mindful of the positions that the Department of Defense (DoD) and other agencies stake out in the treatment of PPP loans or Section 3610…
COVID-19-Related Government Contract Obligations Total Almost $17 Billion
The Government Accountability Office (GAO) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. Of note, the GAO reports that government-wide contract obligations in response to the COVID-19 pandemic totaled approximately $16.9 billion as of May 31, 2020.
The GAO report also sets forth the following chart,…
Struggle Creates Innovation: Technology and Data Privacy for Contractors
As the coronavirus (COVID-19) spread around the world, most businesses were forced to close their doors temporarily and take steps towards working virtually. However, the U.S. construction industry, deemed “essential” by nearly every stay-at-home order issued throughout the country, kept operating and kept building. After all, construction does not occur “virtually.” While many viewed the…
Increased Flexibility in Paycheck Protection Program
On June 5, 2020, the Paycheck Protection Program (PPP) was amended by the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). PPPFA gives borrowers relief from some of the original terms of the PPP loans (as well as terms imposed by the Small Business Administration (SBA) through Interim Final Rules and other guidance) by…