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Aggregate Industries, Inc. — Over $50 Million

Aggregate Industries, Inc. (Aggregate), the largest asphalt and concrete supplier in New England, plead guilty, paid $50 million in cash, and agreed to provide up to $75 million in insurance coverage for its role in supplying adulterated concrete to the “Big Dig” project, a massive,  reconstruction of downtown Boston’s roadways, tunnels, and bridges. It also agreed to contribute to a fund to be used for future repairs on the Big Dig and entered into a Compliance Agreement with the United States Department of Transportation.

The relator, who worked on the Big Dig project, alleged in his False Claims Act qui tam complaint that Aggregate supplied out–of-specification or non-conforming “10-9” concrete to the Big Dig and that Aggregate (and co-defendants Bechtel and Parsons Brinckerhoff—see related settlement) failed to properly oversee the construction. As a result, false or fraudulent claims for payment were submitted to the government and paid. His claims against Aggregate (and those of other whistleblowers) were resolved as part of the settlement between the United States and Massachusetts and Aggregate.

 United States and Commonwealth of Massachusetts ex rel. Johnston v. Aggregate Industries, et al., Civil Action No. 06-11379-GAO (D. Mass.)

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