When Material Substitution in Government Projects Is Fraud

Construction fraud on government-funded projects is a serious offense — and whistleblowers are often the first line of defense in bringing it to light. One of the most damaging and common forms of government construction fraud involves material substitution or false certifications about the quality of materials used. These cases not only violate government contracts but may also trigger substantial liability under the False Claims Act (FCA).

Attorney James Shoemaker has built a strong reputation for protecting whistleblowers and pursuing complex fraud cases. With decades of experience in employment and whistleblower law — and with accolades such as recognition in Best Lawyers in America since 2006 and the Virginia Business Magazine “Legal Elite” for 12 consecutive years — Jamie Shoemaker provides trusted counsel to those ready to step forward.

What Is Material Substitution Fraud?

When contractors are awarded government construction contracts, they are bound by strict specifications regarding the quality, type, and source of materials. Substituting cheaper or inferior materials in violation of the contract, while charging the government for full-value products, is fraud.

Examples include:

• Using substandard concrete or steel that fails to meet design standards
• Falsely certifying that electrical, plumbing, or safety systems meet code when they do not
• Providing counterfeit or non-compliant foreign products where U.S.-made materials are required under the Buy American Act

Why False Certifications Matter

Government contractors are typically required to submit periodic certifications attesting to compliance with contract terms. When these certifications are knowingly false, it exposes the contractor to liability under the FCA, which allows for treble damages and penalties for each false claim.

The Role of Whistleblowers

Employees, subcontractors, and others involved in public construction projects are often in the best position to detect material substitution or false certifications. Whistleblowers who bring these violations forward through a qui tam lawsuit under the FCA may not only help protect public safety and taxpayer funds, they may also be eligible to receive a share of any recovery obtained through the case.

Partner With an Experienced Whistleblower Attorney

If you have information about material substitution or other fraudulent practices on a government construction project, experienced legal counsel is critical. Whistleblower cases are complex, and the protections (and potential rewards) available under the FCA depend on following proper procedures.

James H. Shoemaker brings decades of experience and a track record of results for whistleblowers in Newport News, Virginia and beyond. Contact our practice today at 757-223-4560 to schedule a confidential consultation about your potential case.