FEDERALCourt of Appeals for the Fourth Circuit
1999

Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River Company

176 F.3d 776Court of Appeals for the Fourth Circuit • Decided 1999Reversed
FLAGSHIPFlow-DownChange OrderCited 976 times

HOLDING

A subcontractor sued Westinghouse Savannah River Company under the False Claims Act, claiming the contractor made false statements to the Department of Energy to get approval for a subcontract—specifically misrepresenting costs, duration, and conflicts of interest. The district court dismissed the case, but the Fourth Circuit reversed, ruling that false statements made to obtain government contract approval can trigger False Claims Act liability, even if no actual payment claim was submitted yet. This matters to subcontractors because it means contractors can face serious penalties for lying during the approval process, and subcontractors may have grounds to report such fraud.

KEY FINDINGS

Flow-Down

False statements made to get government approval of a subcontract can violate the False Claims Act—you don't have to wait for a false payment claim to be submitted

Change Order

Misrepresenting subcontract costs, duration, or conflicts of interest to the government is actionable fraud, even if the misrepresentation doesn't directly affect payment amounts

FULL COURT OPINION