FEDERALCourt of Appeals for the D.C. Circuit
2005

United States Ex Rel. Bettis v. Odebrecht Contractors of California, Inc.

393 F.3d 1321Court of Appeals for the D.C. Circuit • Decided 2005Enforced
Change OrderCited 50 times

HOLDING

A subcontractor challenged a contractor's low bid as fraudulent under the False Claims Act. The court ruled that simply submitting a low bid is not fraud unless the contractor lied about facts or had no intention to perform at that price. This protects contractors from frivolous fraud claims based solely on aggressive pricing.

KEY FINDINGS

Change Order

Low bids alone cannot be challenged as fraud—you need proof the contractor lied or never intended to perform at the bid price

FULL COURT OPINION