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(CDR-4311) False Claims Act Regulations and Dispute Resolution in the Construction Industry

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Level: Intermediate
TCM Section(s)
6.4. Forensic Performance Assessment
9.1. Project Cost Accounting
Venue: 2024 AACE International Conference & Expo

Abstract: An applicable False Claims Act regulation can significantly impact a client if violated. Penalties and even a complete forfeiture of a claim (or worse) may result from a violation. As more states enact False Claims Act regulations, practitioners in the construction disputes field need to understand the scope and limits of these regulations to avoid falling into the mistake of submitting a “false claim” and exposing their client to dire financial consequences. This paper will describe what False Claims Act regulations are and provide a brief history of these regulations, as it relates to the construction industry. In addition, this paper will show how some types of construction claims, such as delay and loss of productivity claims, may be viewed as a false claim, and recommended techniques to avoid these situations.