Davis-Bacon Violations — Yet Another Path To FCA Case

Law360, New York (October 4, 2012, 3:08 PM EDT) -- On Oct. 1, in United States ex rel. Brian Wall v. Circle C Construction LLC, the Sixth Circuit reaffirmed that False Claims Act allegations can be premised on violations of the Davis-Bacon Act in cases that do not require interpretation of the U.S. Department of Labor’s complex regulations concerning classification of employees. This decision highlights yet another path for plaintiffs to bring qui tam suits in an ever-expanding universe of ways to demonstrate FCA liability.

In Circle C, an employee of a subcontractor on an Army...
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