- "The Basics of Construction Contracts: Understanding the Issues in New Mexico"
July 30, 2008
8:00 a.m - 4:30 p.m.
State Bar Center of New Mexico
5121 Masthead N.E.
Albuquerque, New Mexico 87109
(505) 797-6000
Ms. Beisman is the moderator for this seminar and will be speaking on "Overview of the Parties and Relationships on a Typical Construction Project," "Owner Contracts with General Contractors," and "General Contractor Contracts with Subcontractors." This seminar is highly recommended for anyone with an interest in the construction process and how construction contracts work.
To sign up for this seminar, click on: Lorman Seminars
1. NBI SEMINAR
- "Resolving Problems and Disputes on Construction Projects"
December 2, 2008
9:00 a.m. - 4:30 p.m.
Location TBA
Ms. Beisman will be speaking on "Knowing What to Do When the Plans and Specifications Are DEFICIENT," "Tackling Contract PERFORMANCE DELAYS," and "Handling Threats of Contract Termination." This seminar is highly recommended for parties who are interested in resolving problems and disputes on a construction project. The seminar is also tentatively scheduled for December 4, 2008 in Santa Fe, New Mexico.
2. NEW MEXICO FRAUD AGAINST TAXPAYERS (FALSE CLAIMS) ACT
- This New Mexico Fraud Against Taxpayers (False Claims) Act, which closely follows the Federal False Claims Act, was passed by the New Mexico Legislature during the 2007 long session. Co-authored by Ms. Beisman, who also testified in its favor, the legislation provides monetary sanctions for the submission of a false claim to a State agency.
The sanctions are 3 times the amount of the false claim paid out, a fee of up to $10,000 for each false claim and attorney's fees and costs. The details of this Act are available in NMSA 1978 Sections 44-9-1 et seq. or by calling Ms. Beisman at (505) 888-7978 or contacting her by email at mickey@mickeylawyer.com . Ms. Beisman offers legal services both to entities accused of submitting a false claim to the State and to qui tam (private parties) with knowledge of the submission of a false claim to the State.
3. PROPOSED LEGISLATION FOR FEDERAL FALSE CLAIMS ACT
- Senators Grassley (R-Iowa), Durbin (D-Illinois), Leahy (D-Vermont), and Spector (R-Pennsylvania) have introduced the [Federal] False Claims Correction Act to the United States Senate. The Correction Act would, among other things, mandate the recovery from a false claimant of 3 times the value of the contract, rather than 3 times the amount of the false claim paid. In addition, this Act would allow false claims litigation to be filed for money paid by U.S. Government grantees rather by the U.S. Government itself and for money paid from funds for which the U.S. Government was only a trustee.
4. FEDERAL FALSE CLAIMS ACTS
- The United States Supreme Court has held that, under the Federal False Claim Act, a qui tam plaintiff must prove that the false statement was material to the decision by Government to pay or approve the false claim. Also a defendant must intend for the Government, and not merely the recipient of Government funds, to pay or approve the false claim. Allison Engine Co, et al. v. United States ex rel. Sanders, et al., SC No. 07-214, June 9, 2008.
For further information about the proposed [Federal] False Claims Corrections Act and the recent Supreme Court holding, contact Ms. Beisman at (505) 888-7978 or contact her by email at mickey@mickeylawyer.com . Ms. Beisman offers legal services both to entities accused of submitting a Federal false claim and to qui tam (private parties) with knowledge of the submission of a Federal false claim.