Description

False Claims in Construction Contracts 2nd Edition Aaron P Silberman ISBN 9781639056064

False Claims in Construction Contracts, Second Edition explores one of the most high-stakes areas of construction law. Over the past two decades, the federal government and whistleblowers have pursued billions of dollars in claims under the False Claims Act (FCA), with a significant portion arising from construction projects. Contractors, subcontractors, suppliers, design professionals, project managers, and owners all face potential liability if a payment application, statement, or other request for compensation contains false information. Civil penalties under the FCA are severe, including statutory fines plus treble damages for losses sustained by the government.

This second edition serves as an essential desk reference for civil and criminal litigators, as well as transactional counselors advising construction industry participants. It provides a thorough grounding in both federal and state law, beginning with a history and overview of the FCA, including the sweeping 1986 amendments. A dedicated chapter details procedural steps and considerations for private citizens pursuing qui tam actions. The book then examines construction-related FCA claims in depth, highlighting landmark cases such as Daewoo and providing practical guidance for managing risk and defense strategies.

Key topics include:

• Bid rigging and collusive bidding

• FCA claims for false statements, from requests for information to progress and final payment applications and completion certificates

• Liability for key participants: design professionals, construction managers, contractors, and subcontractors

• Damages and penalties under the FCA, and how the statute’s severity impacts litigation and settlement strategies

• Retaliation claims

• Corporate compliance programs for preventing FCA claims and preparing for potential actions

• Practical considerations for defending claims from a corporate perspective

• Methods for resolving FCA claims, with a focus on settlement

• Criminal prosecution of FCA defendants, including distinctions between inside and outside counsel

• Federal government penalty guidelines and analysis

The book concludes with a state-by-state summary of false claims liability. Fourteen states have enacted statutes modeled on the federal FCA, with others considering similar legislation. For states without a traditional false claims statute, the summary outlines alternative legal provisions governing construction-related false claims.

False Claims in Construction Contracts is a comprehensive, practical resource that equips practitioners with the knowledge to navigate the complex, high-risk landscape of FCA liability in the construction industry.

False Claims in Construction Contracts 2nd Edition Aaron P Silberman ISBN 9781639056064, 978-1639056064 & 9781639056071

Editors
Aaron P Silberman
John A Castro
Andrea G Woods