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ARTICLE · 11 DECEMBER 2020

SBA's PPP Questionnaire (Form 3509) Challenged By Construction Trade Association

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The AGC lawsuit seeks to enjoin the SBA from using those questionnaires and to compel the SBA to revise the questionnaires to reflect applicable procedural and substantive laws.

United StatesFinance and Banking
Lewis M. Horowitz
Lewis M. Horowitz
Eric J. Kodesch
Eric J. Kodesch
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The Associated General Contractors of America (AGC) has filed suit to enjoin the Small Business Administration (SBA) from using draft questionnaires issued last month directed at Paycheck Protection Program (PPP) borrowers who received PPP loans of $2 million or more. The AGC lawsuit echoes and expands on the deficiencies and improprieties that we pointed out in our prior article. The questionnaires concern the so-called uncertainty certification (sometimes referred to as the "necessity certification").1 Many of the questions focus on the business's operations after  receiving the PPP loans to gauge the uncertainty the business faced at the time of the PPP loan application. Nevertheless, the SBA has been instructing PPP lenders to issue a questionnaire to their PPP borrowers with loans of $2 million or more. Compounding the problems, PPP borrowers have to respond to the questionnaire within 10 business days. The AGC lawsuit seeks to enjoin the SBA from using those

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