Construction And Procurement Law News- 2012 Fourth Quarter


In this issue:

- Ninth Circuit: Underbids Can Constitute False Claims

- State Courts Limit CGL Coverage for Property Damage Arising From Defective Construction

- Construction Contractor Prevails in Court of Federal Claims Bid Protest Action

- Save Your Own Bacon: Verify Davis-Bacon Act Certifications or False Claims Liability Could Follow

- Is a Developer’s Arbitration Clause Effective Against a Third Party Owner’s Association?

- Contractor Recovers Delay Costs Despite No-Damage-for-Delay Provision

- Are You Sure?: Strict Construction of Conditions of the Performance Bond

- Economic Development Group Joins Bradley Arant Boult Cummings

- Lawyer Activities

- Excerpt from Ninth Circuit: Underbids Can Constitute False Claims:

Recently, in the case of Nyle J. Hooper v. Lockheed Martin Corp., the U.S. Court of Appeals for the Ninth Circuit ruled for the first time that underbidding or making false estimates in bids or proposals submitted in response to federal government solicitations may constitute violations of the False Claims Act. The agencies administering Federal contracts are in-creasingly insistent on enforcement of the requirement. The stated rationale is to assure the general contractor’s “adequate interest and supervision of the work.”

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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