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Federal Appeals Court Finds Davis-Bacon Violations Can Lead to False Claims Act Liability



byAlston Bird LLP - Atlanta Office

October 23, 2012

Previously published on October 19, 2012

On October 1, 2012, the U.S. Court of Appeals for the Sixth Circuit held in United States ex rel. Brian Wall v. Circle C. Construction, LLC that the submission of false payroll certifications required by the Davis-Bacon Act can form the basis for a False Claims Act (FCA) violation, at least where the proper classification of employees is not at issue. This latest step in the continuing expansion of FCA coverage further exposes contractors doing business with the federal government to potentially harsh penalties under the FCA, making the need to ensure regulatory compliance at all levels more important than ever.


 

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