The Trump administration’s imposition of tariffs on steel and aluminum products entering the United States has been the subject of a great deal of discussion, debate and analysis. Much of the debate focuses on the purpose of the tariffs, their effect on the U.S. economy, and what retaliation other countries may take in response.

For those involved in the construction industry, the tariffs raise direct and immediate legal and business issues. Contractors involved in commercial, industrial and public works construction are often required to furnish and use large quantities of various types of steel products, and the tariffs present substantial uncertainty and monetary risk. The ultimate question becomes whether a contractor adversely impacted by the tariffs has any available remedies to recover additional costs incurred or to be incurred to procure steel materials and perform the work?

The Tariffs

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