Bribery by contractor

Example:  Contractor had provided a layer of aggregate only 75mm thick for the base layer of the road, whereas 150mm was required by the contract.  Road Agency site engineer realised that the sub-base was only 75mm thick, and informed contractor that he would refuse to certify satisfactory completion of the works.  Contractor offered $5,000 to engineer to certify the works as satisfactorily completed, and not tell the RA.  Engineer agreed.

Bribery acts:

• Contractor is liable for offering a bribe.
• Engineer is liable for accepting a bribe.

Result:

• The contractor’s fraudulent claim for payment for a 150mm layer when only providing a 75mm layer should have been prevented by the engineer who should have refused to certify and have told the RA.
• The bribe enabled the fraudulent payment claim to be achieved, and the defective quality to be approved.