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Fraudulent Claim Gets The Triple Whammy

Client Alert | less than 1 min read | 03.03.09

In Daewoo Eng'g and Constr. Co. v. U.S. (Fed. Cir. Feb. 20, 2009), the Federal Circuit affirmed the CFC's findings that the contractor had submitted a $64 million claim involving approximately $50 million based on material misrepresentations that amounted to a fraud. From this, the contractor received the triple whammy of forfeiting its entire claim under the CDA, being penalized $50 million under the CDA, and being fined $10,000 under the FCA.

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Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...