In their most recent article, Seyfarth’s Anthony LaPlaca (Construction) and Teddie Arnold (Government Contracts) team up to address the evolving legal landscape surrounding surety liability under the False Claims Act (FCA). Through a review of key judicial decisions, Anthony and Teddie highlight how government whistleblowers have managed to sustain fraud claims against sureties, emphasizing the
On December 5, 2023, Seyfarth’s Amy Hoang will be a panelist on a Strafford Webinar detailing Build America, Buy America (BABA) requirements. This 90-minute CLE presentation (1:00 PM – 2:30 PM ET), will guide construction counsel through the BABA final guidance with notable revisions from the interim guidance. The panel will discuss how the final rule impacts construction contractors, including sourcing compliant materials, dealing with supply chain issues and increased costs, ensuring subcontractor compliance, and recordkeeping requirements. The panel will also discuss when and how to request a waiver and best practices for compliance. Those interested in attending may contact Ms. Hoang directly at ahoang@seyfarth.com or register here.Continue Reading Seyfarth’s Amy Hoang to Speak on Build America, Buy America Webinar
On August 8, 2023, the U.S. Department of Labor (DOL) announced its final rule related to the Davis-Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.” However, the official final rule must be published in the Federal Register – likely by week’s end – before going into effect 60 days after publication.
DOL issued its notice of proposed rulemaking (“NPRM”) in March 2022 and received more than 40,000 comments from interested stakeholders. Evaluating and addressing those comments took the better part of a year, as DOL did not send the rule to the Office of Information and Regulatory Affairs (“OIRA”) for White House approval until December 16, 2022. After languishing for months, OIRA has now concluded its review, allowing DOL to move forward with its final rule.Continue Reading Break out the Neon: ‘80s Era Davis-Bacon “Prevailing Wage” Definition Restored in DOL Final Rule
On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to government funds that require contractors and suppliers to feature varying amounts of U.S.-made content in their products and services. To commemorate this week
More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part of the November 2021 Infrastructure Investment and Jobs Act (“IIJA”), materially changes the way many companies must source supplies for federally-funded projects; however, implementation has not happened overnight. With a phased approach, piecemeal guidance from the federal government on how to interpret certain requirements, and a host of waivers that vary by agency, the implementation of BABA can be difficult to track. This post provides a refresher on BABA’s requirements and a status update on how these requirements are being implemented on federally-funded infrastructure projects.Continue Reading What’s the Status of Buy American Requirements for Public Infrastructure Projects?
The week of March 5-11, 2023 marks the 25th annual Women in Construction Week, which celebrates and promotes the role of women in the construction industry. Seyfarth is proud to co-sponsor a networking event on March 9th. The event is hosted by Women in Construction, Inc. and National Association of Women in Construction (NAWIC).
The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn furnish the required bonds to the federal government. The bonds guarantee that the contractor will comply with the terms of the contract and perform as required. Although the sureties do not interact directly with the federal government, a recent decision from the US District Court in DC suggests that sureties could face liability where the bonded contractor violates the civil False Claims Act (“FCA”), 31 U.S.C. § 3729. In Scollick ex rel. United States v. Narula, No. 1:14-CV-01339-RCL, 2022 WL 3020936 (D.D.C. July 29, 2022) the court held, under the facts of that case, that the sureties had no knowledge of the fraud allegedly committed by the bonded contractor, and thus did not violate the FCA. Although the sureties escaped in this instance, this case demonstrates the expansive reach of the FCA and puts the insurance industry on notice that they are not immune from FCA liability.
Continue Reading Surety Liability Under the False Claims Act
On May 3, Seyfarth attorneys Teddie Arnold and Anthony LaPlaca are presenting a 1-day session on Government Contract Compliance as part of the Federal Publications Seminars’ Training Academy in La Jolla, California. Seyfarth attorneys Joe Dyer, Stephanie Magnell, and Bret Marfut will also be presenting remotely.
A substantive compliance program can reduce the chances that
The Port of Anchorage Intermodal Expansion Project was envisioned to be a $1 billion project that would replace outdated infrastructure at the Port of Alaska, but defective management, design, and construction derailed the Project. Seyfarth was tasked with prosecuting claims and recovering money spent by the Department of Transportation Maritime Administration (MARAD) for the
Adam Lasky, co-chair of Seyfarth’s Government Contracts practice, and Scott Hecker, senior counsel in Seyfarth’s Labor & Employment practice, are presenting “Hot Labor & Employment Issues in Federal Contracting” at the Alliance Northwest Conference on March 10, 2022. The program will cover hot issues and recent regulatory developments on Service Contract Act, Davis-Bacon Act, Project