In order to successfully claim a lien upon a lessor's property for work done for a tenant, the claimant must be able to prove the existence of either an express or
implied contract whereby the tenant is bound to improve the lessor's property.
Mr. Tucci provided an overview of the False Claims Act (FCA) and the various theories of liability that have advanced under the law, including the «
implied certification» theory
whereby each entity that submits a claim for payment to the government (such as through Medicaid) is deemed to implicitly certify compliance with the statutes, regulations, and
contract terms applicable to the subject matter of the claim.