News & Analysis as of

False Claims Act (FCA) Construction Industry

A&O Shearman

Supreme Court Decision Endorses Fraudulent-Inducement Theory Under Federal Wire Fraud Statute, Resolving Circuit Split And...

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On May 22, 2025, in a significant decision that clarifies the scope of the federal wire fraud statute and resolves a circuit split, the U.S. Supreme Court upheld a pair of wire fraud convictions that had been premised on a...more

Foley & Lardner LLP

Be Aware of Liability for Prevailing Wage Requirements, Which Can be Significant!

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A recent case filed in the United States District Court for the Eastern District of Pennsylvania, Lipinski and Taboola v. North-East Deck & Steel Supply, Civ Action No. 5:25-cv-1467, should remind all contractors and...more

Saul Ewing LLP

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

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Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss....more

Foley Hoag LLP - White Collar Law &...

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more

Fox Rothschild LLP

Supreme Court Broadly Interprets Wire Fraud Liability

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On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding expands the...more

Morris, Manning & Martin, LLP

The Vital Impact of BABA Regulations on Federally Funded Infrastructure Projects

BABA Act's emphasis on using domestically produced steel is crucial for ensuring the quality, safety, and sustainability of infrastructure projects. The Build America Buy America (BABA) Act, part of the Infrastructure...more

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

Kilpatrick

8 Key Takeaways - Ethics of Claim Handling – From Before They Arise Until Their Resolution

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Kilpatrick’s Brian Gaudet recently participated in a panel of industry thought leaders at the 36th annual prestigious “Construction Super Conference.” The panelists discussed the practical and ethical issues that arise when...more

Troutman Pepper Locke

Suppliers Beware: US Government Continues Prosecution of DBE Fraud Cases Involving Supplies Passed Through DBEs

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On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...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

Jackson Lewis P.C.

Paycheck Protection Program: Government Enforcement, Oversight

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Nearly one year ago, in response to the COVID-19 pandemic and related economic downturn, the Small Business Administration-backed Paycheck Protection Program (PPP) provided loans to help businesses keep their workforce...more

Carlton Fields

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

Carlton Fields on

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

Dorsey & Whitney LLP

$4.47 Million False Claims Act Settlement Targets Set-Aside Contractors, Affiliates, and Even Third-Party Bonding Company

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Over three years after the filing of the initial sealed complaint, a New York-based construction company and several affiliates - including its bonding company - have agreed to pay a combined $4.47 million to settle a False...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 - September 2019

PilieroMazza PLLC on

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - Small Business Administration – SBA issued a rule extending the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot) through September 30, 2021. The 504 Rural...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

PilieroMazza PLLC

Weekly Update Newsletter - August 2019 #2

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GOVERNMENT CONTRACTS LAW - This Project Is Behind Schedule - What Is a Contractor to Do? - Construction projects rarely, if ever, go precisely as planned. One of the most common issues government contractors face is...more

McDermott Will & Schulte

Cartel Snapshot - June 2019

The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for...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

Buchalter

In Construction, There’s A Tattletale And There’s What is Right

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Sometimes, we avoid doing bad things because of the risk of getting caught.  Other times, we avoid doing bad things because we simply choose to do right things.  Whatever the camp you fall into, a recent government contracts...more

Troutman Pepper Locke

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

Troutman Pepper Locke

When a Defendant Loses, but Still Collects Attorney Fees, in a False Claim Act Case

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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

Bradley Arant Boult Cummings LLP

Buy American and Hire American: What it Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws...more

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