False Claims in Construction Contracts, Second
American Bar Association (Verlag)
978-1-63905-606-4 (ISBN)
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False Claims in Construction Contracts, Second Edition is an essential desk book for civil and criminal litigators, as well as transactional counselors of contractors, subcontractors, suppliers, design professionals, project and construction managers, and even project owners. It provides a complete grounding in a complex and often intimidating area of federal and state law. It begins with a brief history and overview of the act, focusing on the sweeping changes made in the 1986 overhaul. A subsequent chapter details the steps and procedural issues involved in a private citizen bringing an action under the False Claims Act (FCA), also known as a qui tam action. The balance of False Claims in Construction Contracts focuses on all aspects of construction-related claims under the FCA, including discussion of the landmark Daewoo case.
Topics covered:
Bid rigging and collusive bids
FCA claims for false statements, from requests for information, through applications for progress and final payments, to certificates of completion
Claims against key participants in a construction project: design professionals and construction managers, and contractors and subcontractors
Damages and penalties in an FCA claim and how the severity and inflexibility of the statute's regime affects litigation and settlement
Retaliation claims
Corporate compliance programs viewed from the perspective of preventing often-devastating FCA claims -- and how to prepare when a claim is made
The corporation's perspective on practical considerations in defending a claim
Resolving FCA claims, most frequently through settlement
Criminal prosecution of FCA defendants, including the differences between inside and outside counsel
Description and analysis of the federal government's penalties guidelines
The final chapter offers an especially valuable state-by-state summary of state false claims liability. Fourteen states have enacted statutes similar to the federal False Claims Act, and others are currently considering such legislation. Where states do not have a traditional false claims act, the summary explains alternate provisions addressing the submission of construction-related false claims.
Aaron P. Silberman is a shareholder and former managing shareholder at Rogers Joseph O'Donnell in San Francisco, California. He co-chairs RJO's Construction Practice Group. He specializes in government contracts and construction counseling and litigation involving federal, state, and local public projects. His work includes evaluating, negotiating, and drafting solicitations, proposals, and bids; negotiating and evaluating contract terms; litigating bid protests; investigating and litigating claims for delay, disruption, payment, defects, and false claims; and advising and representing clients about contract terminations, debarments, bond requirements, liens and payment issues, and disabled access issues. Mr. Silberman is a former Chair of the ABA Public Contract Law Section (and former Council Member and chair of numerous divisions and committees). He is also a former Governing Committee Member and Division Chair of the ABA Forum on Construction Law, and a former Executive Committee Member and Chair of the Legal Advisory Committee and the Bay Area District Board of Directors of the AGC-California. John A. Castro is a Deputy County Counsel in Santa Clara County, California, home of Silicon Valley and one of the largest counties in the United States. Prior to becoming a public attorney, in private practice John represented owners, design professionals, and contractors in a wide variety of construction matters, including transactions, claims/litigation, and dispute resolution. Today, John advises county departments and special districts responsible for managing an annual public fisc in billions of dollars. John’s practice involves a wide range of matters including public works, facilities and infrastructure, real estate, government operations, risk management, and legislative policy. John’s expertise runs the gamut from policy inception and program implementation to procurement to claims and litigation. Andrea G. Woods, J.D., LL.M., has over 27 years of experience practicing law in the private and public sectors, including over 17 years employed as in-house counsel. Andrea took a break from practice in 2021 to pursue an LL.M. at Georgetown University Law Center, graduating with distinction in 2022. Andrea served as Executive Vice President and Corporate Counsel for Nabholz Construction in Conway, Arkansas from 2005 - 2021. Andrea also served on the Board of Directors for Nabholz Companies’ parent group, The NabholzGroup, Inc. Andrea received her bachelor’s degree from the University of Kansas and graduated cum laude from Capital University Law School in Columbus, Ohio, with additional honors of Order of the Barristers and Order of the Curia. After working as an Assistant Prosecuting Attorney for Fairfield County, Ohio, Ms. Woods represented businesses in civil litigation matters before returning to Arkansas. She served as Assistant and Acting City Attorney for the City of North Little Rock, primarily responsible for civil litigation defense, nuisance abatement, civil service commission and day to day advising of City departments. Ms. Woods served on the Arkansas Judicial Discipline and Disability Commission. She also served two terms on the Arkansas Bar Association House of Delegates and a single term on the Board of Governors. She currently serves on the Governing Committee of the American Bar Association Forum on Construction Law. Andrea regularly speaks on topics relevant to the construction industry and employers, including contracts, employment, and ethics. She lives in Washington, D.C. with her husband, Jeff, and has two grown children.
| Erscheinungsdatum | 04.11.2025 |
|---|---|
| Zusatzinfo | Not illustrated |
| Verlagsort | Chicago, IL |
| Sprache | englisch |
| Maße | 178 x 254 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Steuern / Steuerrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht | |
| ISBN-10 | 1-63905-606-8 / 1639056068 |
| ISBN-13 | 978-1-63905-606-4 / 9781639056064 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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