A whistleblower’s suit alleging that Utah-based Wadsworth Brothers Construction Co. Inc. violated the False Claims Act by underpaying workers under a separate federal law won’t be reinstated, the Tenth Circuit said Friday.
Kelly E. Sorenson, a former truck driver for the company, asserted that Wadsworth falsely certified compliance with Davis-Bacon Act wage requirements under federally funded construction projects.
But Sorenson didn’t sufficiently allege that compliance with the Davis-Bacon Act was a precondition to payment from the federal government, Judge Michael R. Murphy of the US Court of Appeals for the Tenth Circuit said.
The suit “fails to state a material ...
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