We persuaded the agency to convert a default termination into one for convenience of the government.
The Veteran’s Administration awarded our client a contract to build an addition to the VA hospital in Salt Lake City. During performance, the government alleged that there were several safety violations. Based on those safety issues, combined with alleged delays to the project, the VA terminated the contract for default and the client retained us to help.
We appealed the termination to the Court of Federal Claims. During our review of the evidence, and before discovery began, we discovered that our client had encountered numerous design errors in the drawings provided by the government and that compliance with the drawings and specifications would make the hospital addition unsuitable for its intended purpose. In addition, our investigation disclosed that the alleged safety violations were unfounded. We then discussed the results of our investigation and analysis with the government and were able to persuade the government to convert the termination into one for convenience before either party engaged in formal discovery.
