News & Analysis as of

Federal Contractors False Claims Act (FCA) Construction Industry

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

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

PilieroMazza PLLC on

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

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

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Say What You Need to Say: Supreme Court Clears Path for Implied Certification Theory of Liability Under False Claims Act

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

Clark Hill PLC

Federal False Claims Act (FCA) Actual Damages for Non-Compliant Goods or Services That Cannot Be Remedied

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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

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

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On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Saul Ewing LLP

Construction Law Advisory - October 2015

Saul Ewing LLP on

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. In August 2015, the Attorney...more

Carlton Fields

Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014

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The U.S. Department of Justice (DOJ) obtained a record $5.69 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2014. This marks the first time the DOJ...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

Troutman Pepper on

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Snell & Wilmer

The Federal and Nevada False Claims Acts

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Contractors are no strangers to the courts of justice. Litigation between contractors and owners frequently occurs when a project does not get completed on time or the work does not comply with the Contract Documents. The...more

King & Spalding

Recent False Claims Act Decision Provides Important Guidance To Manufacturers And Resellers About Trade Agreements Act Compliance

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The United States Court of Appeals for the District of Columbia Circuit recently upheld a District Court's dismissal of a False Claims Act (FCA) complaint against a federal government contractor in a case that will be of...more

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