Erroneous Certifications of Invoices in Subcontracts & Subcontract Management Posted January 30, 2009 · Report reply I am in receipt of an invoice from a subcontractor that billed for unperformed services. The contracting officer's technical representative questioned the invoice and the subcontractor readily acknowledged the error. However, that did not prevent the subcontractor representative from signing and dating the invoice, stating "I certify that this invoice is correct and proper for payment, and so forth." Is such an action fraudulent only if the payment is made or is the action deemed fraudulent in its application? What do you do in such a case?No, the claim does not have to be paid for it to be a false claim. Presentment is sufficient. There are other considerations such as specific intent and materiality. You should really consult with an attorney.