Claim
Reckless Misclassification under Davis-Bacon Creates False Claims Act Liability
July 16th, 2021
A US Court of Appeal has held that “reckless misclassification” of workers under Davis-Bacon can – due to amendments of the False Claims Act (FCA) in 2009 – can result in a contractor being liable under the FCA. And this liability could cover…
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Contractor Claim Not Dismissed under Contract Disputes Act for Failure of Timely Notice
March 23rd, 2016
Almost two years into a multi-year design-build contract, the government questioned the basis of design of the piles for a ship repair wharf. The contractor stopped work while the design issue was resolved with the government. The work stoppage led t…
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Failure to follow claims procedure was an irrevocable waiver of the claim
February 3rd, 2016
Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied w…
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Defense to Government Position is Not a Claim Subject to Contract Disputes Act
January 29th, 2015
The government claims a contractor’s work is defective. The contractor says in defense that problems are due to design deficiencies and not construction errors. Is the contractor’s position a “claim” subject to the Contract Disputes Act (CDA)…
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