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Chris Roux and John Hanover Published in The Construction Lawyer on Implied False Certification Liability

January 24, 2018 By Alston Government Contracts Team

Alston & Bird partners Chris Roux and John Hanover had their article, “Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar,” published in the Winter 2018 edition of The Construction Lawyer. The article takes an in-depth look at the viability of implied false certification claims under the False Claims Act by examining their use before and after the U.S. Supreme Court’s Escobar decision, the key elements of the decision, and how varying interpretations of the decision apply to the construction industry. Readers [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act, Public Construction Tagged With: False Claims Act (FCA), Implied Certification Theory, Press, U.S. Supreme Court, Universal Health Services Inc. v. United States ex rel. Escobar

Chris Roux Quoted in Law360 on Trump’s Infrastructure Plan

August 22, 2017 By Alston Government Contracts Team

On August 18, Alston & Bird Construction & Government Contracts partner Chris Roux was quoted in the Law360 article “Trump Infrastructure Order Shows Strategy Without Clear Plan.” The article discusses the potential impact of President Donald Trump’s August 15 Executive Order that was intended to push the government to complete environmental reviews to approve or deny major infrastructure projects within a two-year time frame, on average. The Executive Order also repeals an order signed by President Barack Obama in 2015 that required federal agencies and developers to factor in climate [...]Read more

Filed Under: P3 Matters, Public Construction Tagged With: Environmental, Executive Order, Infrastructure Plan, President Trump, Press

Breana Ware Quoted in The Christian Science Monitor

May 23, 2017 By Alston Government Contracts Team

On May 17, Alston & Bird Construction & Government Contracts associate Breana Ware was quoted in The Christian Science Monitor article “For Builders, Trump’s Wall Beckons but Is Fraught with Political Risk.” The article discusses how political pressure from state legislatures and activists has been focused directly on some of the largest and best-known design, engineering, and construction firms that are qualified to complete President Trump’s proposed border wall. Such pressure, in the form of protests and proposed and passed state antiwall legislation targeting participating companies, [...]Read more

Filed Under: Public Construction, State, Regional and Local Government Contracts Tagged With: Border Wall, President Trump, Press

Davis-Bacon Act Repeal Efforts Renewed

April 24, 2017 By Andrew Howard

Republican members of Congress have renewed steps to repeal the Davis–Bacon Act, which sets the prevailing wage requirements for workers employed under federally funded or assisted contracts for the construction, alteration, or repair of public works. In January, Senator Jeff Flake (R-AZ) introduced the Transportation Investment Recalibration to Equality (TIRE) Act that would suspend the Davis–Bacon Act’s provision that workers on federal contracts be paid a prevailing wage for all federal highway construction projects. Additionally, Senator Mike Lee (R-UT) and Representative Steve King (R-IA) [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, P3 Matters, Public Construction Tagged With: Davis-Bacon Act, Infrastructure Plan, President Trump, Transportation Investment Recalibration to Equality (TIRE) Act, U.S. Department of Labor (DOL)

The Trump Administration’s Move Toward Pro-Employer Policies

April 17, 2017 By Jeffrey Belkin

On March 27, 2017, President Trump signed House Joint Resolution 37 under the Congressional Review Act, which in essence blocked the Fair Pay and Safe Workplaces Executive Order (the “Blacklisting Rule”) signed by President Obama. By signing this Resolution, the Blacklisting Rule and the Department of Labor guidance remain in place, but as a practical matter will not be enforced by the Trump Administration. This Resolution will have minimal impact on government contractors in the short term since the Eastern District of Texas already issued a preliminary injunction in 2016 enjoining the implementation [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Public Construction, Public Health Care Contracts Tagged With: Blacklisting Rule, Executive Order, House Joint Resolution 37, President Trump

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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