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Prime’s racial discrimination can form basis for lower tier sub to allege interference with prospective advantage

| Jul 16, 2015 | Construction Law |

In the Washington, D.C. case of Mason Builders, Inc. v. Bancroft Const. Co., a prime contractor was alleged to have induced one of its subcontractors to fire a lower tier subcontractor, namely D.C. Mason Builders, who was working for the subcontractor. D.C. Mason Builders asserted that its work was proper and that the basis for its termination was racial discrimination. The United States District Court dismissed the complaint, but gave D.C. Mason Builders an opportunity to amend their claim alleging intentional interference with prospective or business advantage. The court indicated that sufficient facts needed to be alleged to support this claim. 

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