DAM Contractor's Underbidding Insufficient For FCA Liability
Client Alert | 1 min read | 01.21.05
Affirming summary judgment, the D.C. Circuit in U.S. ex rel. Bettis v. Oderbrecht Contractors (Jan. 11, 2005) held that evidence that a dam contractor (1) underbid, (2) reaffirmed its underbid, and (3) claimed that it would use cost-saving measures it never employed did not permit the conclusion that the contractor fraudulently induced the Army Corps of Engineers to award it the contract. The Court acknowledged that claims submitted for payment under a contract that was fraudulently induced can give rise to civil False Claims Act liability, but found in this case that the contractor's underbid was not a promise that its estimated costs were accurate, only that it would perform the dam work at the unit prices it bid, such that submission of claims for payment under the contract, including claims for equitable adjustments above the contract price, were not false claims.
Insights
Client Alert | 6 min read | 09.11.26
It’s LIVE: The Cyber Resilience Act Reporting Is Mandatory as of Today - 11 September 2026
The wait is over. As of today, manufacturers of connected products (both hardware and software) must comply with the Cyber Resilience Act’s (“CRA”) vulnerability and incident reporting obligations. The CRA’s Single Reporting Platform (“SRP”), operated by the European Union Agency for Cybersecurity (“ENISA”), is now the EU-wide gateway through which those notifications must flow.
Client Alert | 10 min read | 09.11.26
Mining, Indigenous Consultation Rights, and Investment Treaty Protection
Client Alert | 2 min read | 09.11.26
New ISOO Guidance Directs Federal Agencies to Provide More CUI Guidance to Contractors
Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies
