While the purpose of the False Claims Act (FCA) is to protect the public from false or fraudulent claims by those involved in publicly-funded projects or contracts, the FCA is an increasing area of professional liability exposure for Design and Construction Management professionals.

David Hatem, P.C., founding partner of Donovan Hatem LLP and Chair of the firm's Professional Practices Group, reviewed the False Claims Act as it applies to Design and Construction Management Professionals, including:

• the Makeup of an FCA Claim;

• FCA Liability Scenarios;

• FCA Claims Defenses;


• Standard of Care Claims, Materiality, and Government Knowledge;

• Design and Construction Management Professional Liability under the FCA; and

• the Implications for Design and Construction Management Professionals