DMS Drywall & Interior Systems, Inc. v. Patriot Construction

BACKGROUND

22 Patriot was hired by the Veterans Administration to construct a laboratory (the “Lab”) in San Francisco, California. See First Amended Complaint (“FAC”) [Dkt. No. 26-5] ¶ 7 (sealed).1 24 25 1 DMS requests leave to file a first-amended complaint to state an additional cause of action for 26 violation of the False Claims Act arising from Patriot’s alleged “misrepresentations concerning payments made to DMS on the construction project at issue in the action.” See Memorandum in 27 Support of Application for Leave to File FAC Under Seal [Dkt. No. 26-1]. DMS’s request is Patriot then subcontracted with DMS for some of the work. Id. ¶ 9. The subcontract provided that DMS would furnish and install framing, drywall, and other related work to the Lab for a contract price of $1,274,067.00, subject to increase for extra work. Id. ¶¶ 8-9; see also Declaration of D. Ruiz (“Ruiz Decl.”) [Dkt. No. 28-2] Ex. A (the Subcontract). DMS alleges that it performed “all obligations required to be performed by it under the Subcontract and under the Payment Bond,” and that “all of the conditions precedent to performance on the part of Patriot and/or…