FOR IMMEDIATE RELEASE CIV MONDAY, FEBRUARY 3, 1997 (202) 616-2765 TDD (202) 514-1888 U.S. RECEIVES $1 MILLION IN CASE INVOLVING POOR TESTING OF WELDS WASHINGTON, D.C. -- Two companies and one of their owners have paid the United States $1 million to settle claims they failed to properly test welds in the piping system for a chemical weapons disposal plant in the Pacific Ocean, the Department of Justice announced today. The plant, about 800 miles southwest of Honolulu, was shut down in 1991 while the welds were repaired and retested. U.S. Attorney Steven S. Alm of Honolulu and Assistant Attorney General Frank W. Hunger of the Civil Division said the settlement resolves claims the United States could have filed under the False Claims Act against Dillingham Construction Pacific Ltd., doing business as Hawaiian Dredging & Construction Company (HDCC), Finlay Testing Laboratories Inc. (FTL) and Gordon W. Finlay, the owner of Finlay Laboratories. "The United States, when it awards a contract, requires that all work be performed as specified in the contract, which was not done in this case," said Alm. Hunger said, "The United States achieved a fair and equitable settlement in this matter. We want to emphasize that we intend to investigate and prosecute every instance in which a contractor fails to meet certification requirements and then tries to conceal those actions." According to an investigation conducted by the Defense Criminal Investigative Service (DCIS), HDCC, FTL and Gordon W. Finlay falsely certified to the United States that certain process piping welds for the construction of the Johnston Atoll Chemical Agent Disposal System (JACADS) satisfied all applicable contract specifications when in fact they did not. HDCC hired FTL as a subcontractor to test the wells for contract compliance. The Department said the settlement was achieved only after JACADS had been shut down for several months in 1991 so the piping welds could be retested by another firm and repairs could be made on the welds that tested below the applicable standards. The matter was settled before a complaint was filed, although the Department said HDCC, FTL and Gordon Finlay were liable under the False Claims Act for allegedly knowingly and recklessly performing substandard testing of the welds at JACADS, then misrepresenting their actions to the government. The settlement was achieved through the coordinated efforts of the Civil Division, the U.S. Attorney's office in Honolulu, the Department of Defense and the DCIS. ##### 97-047