Fraud Or Indiscretion? It Depends Who You Are
Client Alert | 1 min read | 07.08.09
In the previously reported case of Daewoo Eng'g and Constr. Co. v. U.S. (Fed. Cir. 2009), a contractor inflating its claim as a "negotiating ploy" committed "fraud" and was subject to substantial fines and forfeitures, but in the recent case of Bell BCI Co. v. U.S. (Fed. Cir. June 25, 2009), the government's assessment of liquidated damages to create "negotiating leverage" to counter the contractor's changes claims received only passing mention from the Court. Bell BCI also provides a caution about releases included with bilateral modifications - releasing "any and all liability for further equitable adjustment attributable to the modification" waived not only claims for direct costs of the changed work, but also claims for delay and disruption occasioned by the changed work, including in any "cumulative changes" claims.
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Client Alert | 5 min read | 09.03.26
The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events.
Client Alert | 6 min read | 09.03.26
FDA Seeks Input for Regulating GenAI-Powered Medical Devices
Client Alert | less than 1 min read | 09.03.26
SBA Proposal to Overhaul Size Standards Would Transform Federal Government Contracting
Client Alert | 5 min read | 09.02.26
DOJ’s Civil Rights Fraud Initiative Claims Another DEI-Related FCA Settlement
