Procurement Fraud and Construction Cases

The construction industry is subject to unique regulatory requirements, especially in those frequent occasions where tax dollars fund construction projects. Stetler & Rotert, Ltd. has been engaged by several of the largest construction contractors and industrial design firms in the country to help navigate through the complex and sometimes contradictory regulatory burdens imposed by public contracts.


Public construction contracts invariably include specific requirements for the employment of Disadvantaged/Minority/Women’s Business Enterprise (DBE/MBE/WBE) subcontractors. Stetler & Rotert, Ltd. is at the forefront of representing general contractors and other construction companies involved in controversies related to such DBE/MBE/WBE requirements. SR lawyers successfully defended two of the largest construction contractors in Illinois against qui tam actions by former employees, and the resulting False Claims Act investigations pursued by agencies of state and federal government. Our lawyers are knowledgeable about governing concepts, such as the “commercially useful function” requirements built into virtually all public contracts, and we have aggressively defended our clients from claims that they have not complied with DBE/MBE/WBE requirements. SR’s efforts have resolved such disputes while protecting the client’s full eligibility to bid for public contracts and the local, state, and federal levels. See, e.g., U.S. ex rel. Keiser v. McHugh Construction Co.

SR represented one of two joint venture partners responsible for oversight of the design and construction of one of the country’s most challenging infrastructure projects, the underground placement of the interstate highway that runs through central Boston, commonly known as the “Big Dig.” A civil resolution of all aspects of the investigation was negotiated with the United States Attorney and Attorney General for the Commonwealth of Massachusetts.

SR represented a key employee of BP in connection with the tragic events on the Deepwater Horizon in the Gulf of Mexico. The representation included numerous inquiries, including representation before the Coast Guard/Department of the Interior Deepwater Horizon Joint Investigation, Congressional inquiries, a multi-district litigation in the Eastern District of Louisiana, and Department of Justice probes.

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