The Veteran’s Administration awarded our client a contract to upgrade and construct an addition to the VA hospital in Salt Lake City, Utah. During performance, the government alleged there were several safety violations. Based on those safety issues, combined with alleged delays to the project, the VA terminated the contract for default.
The client then retained us. To protect our client’s rights, we filed suit in the Court of Federal Claims, asserting that the termination for default was wrongful and should be converted to a termination for the convenience of the government. 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 further, that when our client complied with the drawings and specifications provided by the VA, the addition would not be suitable for its intended purpose. In addition, we discovered that the alleged safety violations were unfounded. We then entered into negotiations with the government and persuaded the government to convert the termination into one for convenience.