Lodge Construction, Inc. v. United States

Syllabus

REPORTED POST-TRIAL OPINION. Granting in part and denying in part Motion. After careful consideration of the testimony, documents, and arguments presented at trial, the Court makes the foregoing findings of fact and conclusions of law: (1) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 21, 2012 (the Design Claim). (2) The Court FINDS AND CONCLUDES, with support from clear and convincing evidence, that Lodge Construction, Inc. submitted a fraudulent claim to the United States Army Corps of Engineers on June 26, 2012 (the Dewatering Claim). (3) Pursuant to 31 U.S.C. § 3729, Lodge Construction, Inc. is ORDERED to pay to the United States $22,000 in civil penalties for false claims, statements, and records associated with Lodge's certified Dewatering and Design claims submitted for payment to the United States Army Corps of Engineers. (4) Lodge Construction, Inc.'s Design Claim, as stated in Lodge's Complaint, Case No. 13-800, and Lodge's Second Amended Complaint, Case No. 13-500, is FORFEITED pursuant to 28 U.S.C. § 2514. (5) Pursuant to RCFC 54(b), there being no just reason for delay, the Clerk is DIRECTED to enter judgment in favor of the United States in Case No. 13-800. (6) Lodge Construction, Inc.'s Motion to Take Judicial Notice (ECF No. 86) is GRANTED-IN-PART. (7) Further proceedings are required to assess the viability of Lodge's Complaint in Case No. 13-499. In addition, the United States has asserted counterclaims in fraud that were not within the scope of this limited trial. The Court SCHEDULES a status conference on February 1, 2022 to address outstanding issues. That status conference will be conducted in Washington, D.C. at the National Courts Building at 2:00 PM (ET). (8) The Court reserves a decision on costs for a later date. Signed by Judge David A. Tapp. (jm) Service on parties made.