News & Analysis as of

False Claims Act (FCA) Construction Contracts

PilieroMazza PLLC

[Webinar] Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues - June 27th, 2:00 pm...

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In the second installment of our three-part webinar series, join PilieroMazza’s Matt Feinberg, Jessica duHoffmann, and Sarah Nash as they explore common FCA triggers often encountered by federal construction contractors and...more

Bass, Berry & Sims PLC

Ninth Circuit Limits Damages in Government Procurement Case

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On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. The Ninth Circuit’s holding limits potential...more

Jenner & Block

Government Contracts Legal Round-Up - June 2023 Issue 12

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2023

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SBA’s New Lending Rules Improve Small Business Growth Opportunities - On April 12, 2023, the U.S. Small Business Administration (SBA) published two new rules: (1) Small Business Lending Company (SBLC) Moratorium Rescission...more

Seyfarth Shaw LLP

Surety Liability Under the False Claims Act

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The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn...more

Dorsey & Whitney LLP

DOJ Announces $2.8 Million Settlement with Construction Company Over SDVOSB Set Asides, Further Fallout From DOJ’s Settlement with...

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On Friday, May 13, 2022, the Department of Justice announced that it reached a settlement with Hensel Phelps Construction Company (“Hensel Phelps”) over allegations that the company had, in violation of the False Claims Act,...more

PilieroMazza PLLC

Construction Webinar Series: Building Compliance: Construction Industry Concerns Under FCA

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The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more

PilieroMazza PLLC

[Webinar] Construction Series: Building Compliance: Construction Industry Concerns Under FCA - November 9th, 2:00 pm - 3:00 pm ET

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The Department of Justice settled and obtained judgments in excess of $2.2 billion for false claims against the government last year. And the False Claims Act (FCA) remains an effective enforcement tool about which federal...more

Snell & Wilmer

California Construction Law Update for 2021

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In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

Husch Blackwell LLP

The Biden Infrastructure Plan And The Davis Bacon Act

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It’s coming. From all outward signs, it appears that the Biden Administration may be planning to use the “American Jobs Plan” – otherwise known as the proposed infrastructure plan – to expand the Davis Bacon Act (“DBA”) and...more

Carlton Fields

[Webinar] The Government Construction Contract Transition: Making the Plunge from Commercial to Government Work - February 18th,...

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Given the slowdown of construction activity, there is an inevitable uptick in government contract activity. Contractors who are entering into the government contract arena need to know the complex rules and regulations in...more

Cozen O'Connor

Google Sued Over Antitrust Allegations | Preview Of 2020 AG Races | Delay Of Generic Humira Challenged

Cozen O'Connor on

2020 AG Elections- A Primer on 2020 State Attorneys General Elections- •Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert...more

ArentFox Schiff

Defense Contractor Pays $1.1 Million to Resolve Civil Fraud Claims

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Defense Contractor Pays $1.1 Million to Resolve Civil Fraud Claims - Islands Mechanical Contractor, Inc. (IMC), a construction contractor, has agreed to pay $1.1 million to settle civil fraud claims relating to improperly...more

Bass, Berry & Sims PLC

Significant 2019 Tennessee Construction Decisions

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This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more

PilieroMazza PLLC

Weekly Update Newsletter - January 2020

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Join the HUBZone Council as They Celebrate Their 20th Anniversary - On January 17, 2020, the HUBZone Contractors National Council will be hosting its first EVER HUBZone Industry Awards Gala in Baltimore, MD, at Morgan...more

McCarter & English Blog: Government Contracts...

The Sword Of Damocles Hangs Over Miller Act Sureties And Brokers: Scollick Case Stayed Sixty Days For Mediation, But Outcome...

On August 6, 2014, plaintiff-relator Andrew Scollick filed a complaint in the United States District Court for the District of Columbia against eighteen defendants for multiple violations of the False Claims Act (“FCA”) in...more

PilieroMazza PLLC

Building Compliance: Construction Industry Concerns Under FCA

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The Department of Justice (DOJ) has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui...more

Fox Rothschild LLP

Accept No Imitations: Contractor Cannot Recover For Claim Based On Brand Name Products

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When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When the agency specifies certain products in the contract, the...more

Snell & Wilmer

Warning! Danger Ahead for Public Entities

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Public entities are known to assert False Claims actions “to up the ante” to intimidate and aggressively address contractor construction claims. This strategy in the case of John Ross of Industrial Sheet Metal, Inc. (JRI) V....more

Troutman Pepper

Fixed-Price Contracts Are Simple - Or Are They?

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Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more

Dorsey & Whitney LLP

Construction Subcontractor Settles FCA Allegations for $2.8 Million

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A recent settlement illustrates the broad reach of the FCA and the substantial liability that “mere retention” of an overpayment can impose on contractors several steps removed from a government contract. The dispute...more

K&L Gates LLP

Sixth Circuit’s Rejection of Taint Damages Theory in False Claims Act Case Reinforces that Value-Received May Substantially Offset...

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In False Claims Act (“FCA”) cases, the Department of Justice and, where the government has declined to intervene, qui tam plaintiffs, routinely pursue aggressive damages theories. In its recent decision in U.S. ex rel. Wall...more

Faegre Drinker Biddle & Reath LLP

Services that are Worth Less Aren’t Necessarily Worthless

The Sixth Circuit brought a refreshing sense of reality to the government’s sometimes unreal calculation of damages in False Claims Act (FCA) cases. In this case the government had sought, and won at the trial level, an award...more

Saul Ewing Arnstein & Lehr LLP

Attorney General Crackdown on DBE/MBE Representations in Subcontracts

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors....more

Seyfarth Shaw LLP

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

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Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

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