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ARTICLE · 08 SEPTEMBER 2014

Reminder: False Claims Act Lessons Are Expensive

A contractor filing false prevailing wage certifications was reminded just how costly it can be to run afoul of a False Claims Act charge.

United StatesReal Estate and Construction

A contractor filing false prevailing wage certifications was reminded just how costly it can be to run afoul of a False Claims Act charge.  After a trial on damages, the federal court judge found that the contractor was paid $254,298.18 for the electrical portion of the project (the part involving the false wage certifications).  The government's damages under the False Claims Act (FCA) are treble that amount, or $762,894.54.  There is no credit for value of work put in place, and no consideration of value to the government.  The damages are three times the amount paid by the government for the pertinent portion of the work, regardless of whether that amount was purely cost to the contractor, or included any profit.

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