That employee fabricated the requested welding inspection certificates. When he refused, the president allegedly approached another employee who was not a qualified welding inspector. In Sloan, the president of the company allegedly asked the employee to fabricate the inspection certificates. According to the employee, Waukegan did not have any of these certificates. The subcontractor was required to submit “fabrication quality control and weld inspection certificates” to the government before payment was issued. The design specifications require that the contractors adhere to various professional codes, including those of the American Institute of Steel Construction (AISC), the American Society for Testing and Materials (ASTM), and the American Welding Society (AWS). Waukegan was responsible for fabricating and installing the structural steel of project. If the private party prevails, he receives a percentage of the recovery. The Attorney General has primary authority for enforcing FCA, but the law includes what is called a qui tam provision, which permits a private party to bring a civil action alleging fraud against the Government on its own behalf as well as on behalf of the United States. 31 U.S.C. Waukegan Steel, LLC, an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. Whatever the camp you fall into, a recent government contracts case tells a story that should be avoided when submitting payment applications to the government. Other times, we avoid doing bad things because we simply choose to do right things. Sometimes, we avoid doing bad things because of the risk of getting caught.
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