Government Contracts partner Elizabeth (Beth) Ferrell was quoted in Law360 Government Contracts in regards to government contract cases to watch in 2016. Among other criticisms, contractors caught up in implied certification claims have argued that they have been punished for unintentional mistakes and for claims where the government was fairly billed for a service it actually received, going outside of the original purpose of the FCA — to punish knowing or reckless fraud against the government.
"If it's not narrowed, [then] you have virtually limitless liability for any misstep that happens to be made, because when you ask for payment, you are in essence certifying in an implied way that you've met all the contract requirements," said Ferrell. "So it is a very important area for government contractors."
Read the complete Law360 Government Contracts article, “Gov't Contracts Cases To Watch In 2016,” which first appeared on December 24, 2015. (Login Required)