LA Metro wins appeal establishing that contractor violated California False Claim Act on subway tunnel construction project

Client(s) Los Angeles County Metropolitan Transportation

Jones Day client Los Angeles County Metropolitan Transportation successfully obtained affirmation of a jury verdict finding that a contractor had violated the California False Claim Act ("FCA") in connection with a change order on a subway construction project. In addition, the LA Metro succeeded in defeating the contractor's claim that the verdict should be reversed because LA Metro had not presented the FCA claim to the disputes review board. The appellate court also affirmed the trial court's rejection of the contractor’s claim for night restrictions and the imposition of sanctions against the contractor for not producing certain computer records of the project schedule that it had been ordered to produce. The sanctions precluded the contractor for pursuing its related delay claim. This case was part of a more than twenty-year legal battle between the contractor and the owner.

Tutor Saliba Perini, J.V. v. Los Angeles County Metropolitan Transportation Authority, Case Nos. BC123559 and BC132928 (Super. Ct. Los Angeles Cty.), Case Nos. B232372 and B237037 (Cal. App.)