Construction SuperConference 2019

S17 Experience from the Trenches: False Claims Act and Qui Tam Suits Affecting the Construction Industry (Room Palos Verdes 1)

As experienced by the defense and healthcare industries, whistleblowers, acting as modern-day bounty hunters, have successfully brought numerous False Claims Act "qui tam" suits in the name of the government against companies who allegedly submitted false claims for payment to the government.  The federal government has boasted of the billions of dollars recovered as a result of qui tams and praised the role of whistleblowers. These claims are quickly moving into the construction industry, and all participants in publicly-funded construction projects now face an increased risk of these whistleblower qui tam claims. This presentation stems from the experience of A. Brian Albritton, who concentrates his practice in defending False Claims Act/Qui Tam claims and is the former U.S Attorney for the Middle District of Florida, and Laura Abrahamson, Deputy General Counsel and Global Head of Litigation for AECOM. Together with moderator Bill Tinsley, a construction attorney with Phelps Dunbar, this panel will discuss recent trends with the False Claims Act and Qui Tam suits and recommend best practices and procedures for construction professionals to reduce the risk for such claim.

Upon completion of this session, participants will be able to:
  • Gain an overview of False Claim Act, Qui Tam suits and the potentially severe consequences of "whistleblower" actions.
  • Understand recent developments and trends for these suits in the construction industry.
  • Understand tips for avoiding exposure and recommendations to reduce the risk of such claims.