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Contractor Survives False Claims Suit Thanks To Methodical Performance

Wednesday, July 07, 2010 04:22 am


False Claims Act

United States Of America, ex rel Philip A. Tetsuwari v. Fluor Fernald, Inc ., 2010 U.S. Dist. Lexis 43759 (D. Ohio May 5, 2010)


False Claims Act allegations fall flat when the government's eyes are wide open.


Fluor Fernald Inc. (Fluor) performed a clean-up of the remains of a uranium-processing facility in Fernald, Ohio under a contract with the Department of Energy (DOE). According to the DOE's waste acceptance criteria (WAC), the most dangerous highly radioactive materials were to be taken off-site, while lower radioactive materials were to be stored in a sealed on-site disposal facility. At issue in this case was Fluor's treatment of two concrete silos, their contents and the contaminated soils underneath them. During its performance, Fluor removed the silos and three feet of soil for off-site storage and then excavated the next thirty feet of soil for on-site storage.


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