VA Medical Center, Washington, DC
VA Medical Center
Washington, DC
The 4C Patient Ward Renovation and Expansion Project involved the renovation of approximately 22,000 square foot of interior space and the construction of 1500 square feet of new space at the VA’s medical facility in Washington, DC. The Contract Completion date for the Project was September 28, 2011, 365 calendar days from NTP.
During the project, the contractor submitted 134 change orders. A total of 16 modifications were executed. Ultimately, the project finished 1,057 calendar days late and the contractor filed a $7M+ claim.
TRAUNER was engaged in October 2015 with an expert report deadline of +/-45 days. In the initial stages of the project, we traveled to the VA office in Perryville, MD, to review and collect relevant documents.
Next, we submitted a preliminary draft of the expert report. This report focused on the analysis of delays and responsibility. The report analyzed each of the 13 major issues alleged by the contractor in its claim. We determined how much total delay the VA was responsible for, as well as the type of delay. The distinction between suspension and change order delay was important for this Project as each type is compensated differently under the VA’s Contract.
The final TRAUNER report contained an analysis of the contractor’s damages. Each line item of the $7M claim was reviewed and critiqued. We also incorporated the results of the VA’s audit of the claim. The final report served as the basis for the VA Office of General Counsel’s mediation statement.
We worked closely with the Contracting Officer and the VA Office of General Counsel to develop a negotiation strategy for ADR. TRAUNER completed a mediation presentation that served as the backbone of the VA’s position. The initial ADR took place over three days in December 2015. We provided an oral presentation of our report, questioned the opposing expert’s incorrect analysis, and helped to calculate an appropriate settlement number.
The case was not settled during the initial ADR. TRAUNER attended a second ADR and provided additional support to the VA during these negotiations.
TRAUNER produced several products:
- A preliminary report focused on analysis of delays and responsibility
- A final report, including cost analysis of each line item in the contractor’s claim
- A mediation presentation that was presented during ADR
- An automated spreadsheet that allowed for the quick calculation of settlement positions during ADR
We were also heavily involved in the final settlement negotiations between the contractor and VA.
Because of TRAUNER’s understanding of the VA Contract and the contractor’s claim, the ADR judge was able to help opposing counsel understand the limitations of their clients’ potential recovery. This understanding, combined with the accuracy of TRAUNER’s delay and cost analysis, allowed the VA to settle the case successfully without a costly trial. The contractor accepted a 55% reduction in its claim amount.
After settlement, the Branch Chief for the VAMHCS Construction Team provided a letter of recommendation. The letter included the following:
“I want to give you my sincerest thanks for a job well done on GSA Task Order VA245-16-F0015…(Y)ou did an amazing job assisting the VA with settling a very difficult and challenging claim… Your firm’s in-depth analysis of project scheduling, your firm’s extensive knowledge of VAAR clauses language and your presentations during the 4-day Alternate Disputes Resolution (ADR) mediation proceedings really helped to save the day. In all aspects of the procurement, TRAUNER provided outstanding service in a first class professional manner. I definitely would recommend TRAUNER for future opportunities.”
The dispute was resolved without the need for expensive and prolonged litigation.