Legal Alert | Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage
Clocking in with PilieroMazza: Davis-Bacon Act Classification Requirements for Construction Contractors: Identifying Issues and Mitigating Risks
Clocking in with PilieroMazza: DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know
[Podcast] Buyer Beware: Key Compliance Considerations for Infrastructure Investment and Jobs Act Projects
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
DE Under 3: JD Supra Readers Choice Award; DE Talk Podcast; Federal Gov't Budget Bill & More
Government contractors witnessed significant developments ranging from infrastructure, sustainability, supply chain, and cyber security requirements to increased compliance obligations and enforcement actions in 2022. Here we...more
Tenth Circuit recently emphasized that the liability imposed under the False Claims Act (FCA) is predicated on a rigorous materiality requirement. Upholding dismissal of a qui tam complaint based on allegations of false...more
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
On February 3, 2020, the U.S. District Court for the District of Utah granted a motion for attorneys’ fees against Plaintiff Kelly Sorenson (“Sorenson”), finding that the claims Sorenson asserted against his former employer...more
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
GOVERNMENT CONTRACTING - According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article...more
GOVERNMENT CONTRACTING - A Government Executive article discussed the impact of the shutdown on some defense contractors. As the partial government shutdown continues, some American defense firms are receiving...more
Under the federal False Claims Act (FCA) the prevailing plaintiff — be it the government or a qui tam plaintiff — is automatically entitled to recover attorney fees. 31 U.S.C. § 3730(d)(1) and (2). Originally published in...more
Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more
The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more
In the first reported case of its kind in New York, in February a union fund received a five-figure settlement payment from a Harlem-based general contractor that worked on a New York City affordable housing project after the...more
Most government contractors in the construction industry are well aware that by providing goods or services to government-funded construction projects, they are potentially subject to liability under the False Claims Act....more
For FY 2016, there are more than 36,000 federal government construction contracts where Davis-Bacon Act, 40 U.S.C. § 3142, prevailing wages applied. According to www.spending.gov, these types of contracts accounted for $9...more
Lower courts have begun grappling with the implications of the U.S. Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar. In U.S. ex rel. Sheet Metal Workers International...more
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
The Federal False Claims Act, 31 U.S.C. § 3279 ("FCA"), penalizes contractors for, among other false claims, presenting a claim for payment to the Federal Government for goods or services that were not performed. A...more
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
In a humorous yet stern rebuke of the government’s damages theory, the Sixth Circuit in United States ex rel. Wall v. Circle C Construction, LLC, No. 14-6150, 2016 WL 423750 (6th Cir. Feb. 4, 2016), reversed a lower court’s...more
On February 4, 2016, the United States Court of Appeals for the Sixth Circuit rejected the “tainted claim” theory of damages under the False Claims Act where money damages alone can cure a breach of contract. The court in...more
Receiving an unexpected Department of Justice (“DOJ”) subpoena for documents and testimony is a jarring experience for anyone in Government contracting. But more and more contractors may receive such subpoenas as the...more
A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects...more
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...more
Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more