Claim

Reckless Misclassification under Davis-Bacon Creates False Claims Act Liability

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… Read More
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Contractor Claim Not Dismissed under Contract Disputes Act for Failure of Timely Notice

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… Read More
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Failure to follow claims procedure was an irrevocable waiver of the claim

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… Read More
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Defense to Government Position is Not a Claim Subject to Contract Disputes Act

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)… Read More
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