Misrepresentations and Criminal Liability in Project Reporting: A Case Study of the Failed Virgil C. Summer ProjectSource: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 003::page 04523023-1Author:Udechukwu Ojiako
DOI: 10.1061/JLADAH.LADR-956Publisher: American Society of Civil Engineers
Abstract: The misreporting of project information during the delivery of construction and engineering aligned projects has received substantial attention in the literature. While such intentional misreporting appears in only a minority of instances, its occurrence can expose construction and engineering-aligned companies and their principal officers to legal jeopardy, criminal liability, and sanction. To explore this phenomenon, this study conducts a case review of the failed Virgil C. Summer nuclear expansion project and the ensuing civil and criminal complaints against personnel at both SCANA (the client/owner) and Westinghouse Electric (the primary contractor). The findings suggest that various individual, project, organizational, and attributable factors drive project status information misreporting. The findings also suggest that criminal liability arises from its practice due to the economic harm that such practice causes. The originality of the paper is threefold. First, it espouses a perspective of intentional misreporting as fraudulent misrepresentation not previously examined in construction and engineering-aligned project scholarship. Second, it examines the different categories of factors driving such misreporting. Third, utilizing applicable common law legal tests, the study examines the impact of such practices within the framework of corporate illegality.
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| contributor author | Udechukwu Ojiako | |
| date accessioned | 2023-08-16T19:11:02Z | |
| date available | 2023-08-16T19:11:02Z | |
| date issued | 2023/08/01 | |
| identifier other | JLADAH.LADR-956.pdf | |
| identifier uri | http://yetl.yabesh.ir/yetl1/handle/yetl/4292893 | |
| description abstract | The misreporting of project information during the delivery of construction and engineering aligned projects has received substantial attention in the literature. While such intentional misreporting appears in only a minority of instances, its occurrence can expose construction and engineering-aligned companies and their principal officers to legal jeopardy, criminal liability, and sanction. To explore this phenomenon, this study conducts a case review of the failed Virgil C. Summer nuclear expansion project and the ensuing civil and criminal complaints against personnel at both SCANA (the client/owner) and Westinghouse Electric (the primary contractor). The findings suggest that various individual, project, organizational, and attributable factors drive project status information misreporting. The findings also suggest that criminal liability arises from its practice due to the economic harm that such practice causes. The originality of the paper is threefold. First, it espouses a perspective of intentional misreporting as fraudulent misrepresentation not previously examined in construction and engineering-aligned project scholarship. Second, it examines the different categories of factors driving such misreporting. Third, utilizing applicable common law legal tests, the study examines the impact of such practices within the framework of corporate illegality. | |
| publisher | American Society of Civil Engineers | |
| title | Misrepresentations and Criminal Liability in Project Reporting: A Case Study of the Failed Virgil C. Summer Project | |
| type | Journal Article | |
| journal volume | 15 | |
| journal issue | 3 | |
| journal title | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | |
| identifier doi | 10.1061/JLADAH.LADR-956 | |
| journal fristpage | 04523023-1 | |
| journal lastpage | 04523023-10 | |
| page | 10 | |
| tree | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 003 | |
| contenttype | Fulltext |