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B-189183 1 (1979-01-12)

handle is hein.gao/gaobadgur0001 and id is 1 raw text is: -34 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20546 FILE: B-189183 DATE: January 12, 1979 MATTER OF: Robert L. Singleton; Capital City Construction, Inc., et al. DIGEST: L - 1. GAO will not question indebtedness owed by 8(a) subcontractor to Small Business Administration (SBA), notwithstanding allegations of fraudulent inducement to debt and alleged breach of collateral agreement by SBA, since allegations are unsupported and are contradicted by SBA. 2. Where surety has paid only fraction of outstanding claim under its payment bond, surety will not be permitted to share in retainage held by Government despite assertion that SBA advance payment to contractor was improper. 3. Right of set-off as to debts owed is inherent -Unted-States and extends to debts owed as result of loan by SBA to 8(a) subcontractor7 SBA's capacity as Government agency could not be disregarded by courts. 4. SBA was not authorized to subordinate its interest to surety in view of dollar amount of contract. 5. Pearlman v. Reliance Insurance Company, 371 U.S. 132 (1962), does not affect Government's right to priority to contract retainage against surety which has completed payments under pay- ment bond. 6. Attorney's liens are not recognizable against United States.

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