Category Archives: False Claims

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Knowingly Underbidding For Government Contract May Lead to False Claims Liability

Contractors usually assume that the statutory prohibition on submitting “false claims” refers to inflated invoices, phony change order costs, and the like. However the courts are giving the relevant statutes a broader meaning which public works contractors should take into account. For example, the United States Ninth Circuit Court of Appeals recently ruled that a … Continue Reading

Congress Increases False Claims Liability for Public Works Contractors

By Bram Hanono The Fraud Enforcement and Recovery Act (FERA)[1] was signed into law in May 2009. Among other significant changes, FERA expanded the grounds for liability under the False Claims Act (FCA).[2] Public works contractors who work on projects funded with federal funds now stand an increased risk for potential liability under the FCA. … Continue Reading

Federal Circuit Court Rejects Claim That Contractor Violated The False Claims Act By Allegedly Submitting A Fraudulently Low Bid With The Intent Of Later Making Up For The Loss By Submitting Change Orders For Extra Work

United States ex. rel. Bettis v. Odebrecht Contractors of California, Inc. 393 F.3d 1321 (D.C. Cir. 2005) A contractor entered into a contract with the Army Corp of Engineers for construction of the Seven Oaks Dam in San Bernardino County, California. The plaintiff was an alleged “whistleblower” who worked for one of the contractor’s consultants. … Continue Reading
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