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"Any Degree of Fraud" Bars Contractor Claims

Client Alert | less than 1 min read | 10.13.14

In Laguna Constr. Co. (Oct. 7), the ASBCA denied a $2.9 million claim for unpaid invoices because two of Laguna's employees had pled guilty to accepting subcontractor kickbacks under some, but not all, of the task orders under appeal. The Board imputed the fraud to the company and, applying the doctrine of "antecedent breach," held that the contractor's material breach excused the government's subsequent failure to pay for the completed and invoiced work.


Insights

Client Alert | 5 min read | 08.26.26

D.C. Circuit Upholds Designation of PFOA and PFOS as CERCLA Hazardous Substances

In a significant and unanimous ruling, the D.C. Circuit upheld the Environmental Protection Agency’s (“EPA”) final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), denying the petitions of seven industry groups seeking to overturn that designation.[1] CERCLA, also known as the “Superfund Statute,” allows EPA to require potentially responsible parties to fund cleanup of hazardous substances....