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حوإ¼½م½م/SBA Negotiations Continue on PPP Lawsuit

حوإ¼½م½م Learns More About Loan Forgiveness for PPP Loans Over $2 Million

حوإ¼½م½م remains in negotiations with the U.S. Small Business Administration (SBA) about the potential for a settlement of its Paycheck Protection Program (PPP) lawsuit. The target of that lawsuit is the “Loan Necessity Questionnaireâ€‌ that has delayed action on many PPP loan forgiveness applications for loans over $2 million. The talks have produced both good and bad news.

The good news is that SBA has yet to deny any of the approximately 460 applications that حوإ¼½م½م members have filed for forgiveness of loans over $2 million. The bad news is that SBA has granted only 24 of these applications. Independently, حوإ¼½م½م has learned that at least some of these applications are already six months old.

In addition, حوإ¼½م½م has learned SBA is regularly going beyond the form and demanding that the applicants for the forgiveness of these loans provide even more information with even less relevance to the certification that borrowers made at the time they applied for their loans.  

As the talks continue, حوإ¼½م½م retains all of its rights to litigate the matter. Whatever the case, حوإ¼½م½م will continue to insist that SBA follow the rules that Congress wrote. The fundamental problem is that the “Loan Necessity Questionnaireâ€‌ betrays an unlawful effort to rewrite them.   

If you have applied for forgiveness of a PPP loan of over $2 million, please take a moment to let حوإ¼½م½م know of any action that SBA has taken on your application by emailing Mike.Kennedy@agc.org, as that information could help all construction firms.

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