Free Post Trial Brief - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 328-2

Filed 02/21/2006

Page 1 of 5

DEFENDANT'S RESPONSE TO PLAINTIFF'S DAMAGES CHART CATEGORY Variance in costs to operate Birchwood (1997-2001) Diminution in value of Birchwood as of 9/1/02 Damages using Government's Expert's Discount Rates Placement of short term occupants at Birchwood from 9/1/02 through 3/31/05 CLAIMED DAMAGE $840,000 RESPONSE Nonrecoverable total cost-type claim. PX 411 at p.63. Nonrecoverable consequential damages. Tr. 209. Nonrecoverable consequential damages. Tr. 209. Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). Tr. 1181-82, 1224, 1227, 1494-96; PX 231. Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). Tr. 1183-84, 1231, 1496; PX 231. Not presented to the contracting officer (no jurisdiction). PX 231 at p.8. Not presented to the contracting officer (no jurisdiction). PX 231 at p.9.

at least $8,600,000

$17,400,000

$68,759

Matching surfaces adjacent to occupant damage replacements from 2/02 through 11/04

$33,641

Depreciation between 2002 and 2004 Outstanding unpaid overhead

$205,585

$12,428

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Case 1:98-cv-00168-FMA

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Rent deducted between May 2002 and December 2004 Reduction and elimination of incentive fee awards through 2004 Unnecessary interior paints performed after a lease anniversary date between 11/02 and 12/04 (unbilled) Occupant damage wall repairs

$210,583

Not presented to the contracting officer (no jurisdiction). PX 231 at p.13-15. Not presented to the contracting officer (no jurisdiction). PX 231 at p.15. Not presented to the contracting officer (no jurisdiction). PX 281.

$513,041

$129,867

$20,957

Insufficiently documented; not presented to the contracting officer (no jurisdiction). PX 231. Not presented to the contracting officer (no jurisdiction). PX 281. Stipulation that cost of repairing fire damage was $15,695.63. Parties Stipulation Of Facts ¶ 113. No money claim presented to the contracting officer (no jurisdiction). PX 268.

Billed unnecessary interior paints performed after a lease anniversary date post-9/02 Occupant-caused fire at 765 Bataan Court

$6,900

$15,696

Matching carpet in Unit 844

$1,674

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Case 1:98-cv-00168-FMA

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Carpet and vinyl in Unit 833

$3,478

No money claim presented to the contracting officer (no jurisdiction). PX 287. No breach proven. PX 317; Tr. 1803-04. No money claim presented to the contracting officer (no jurisdiction). PX 362. No money claim presented to the contracting officer (no jurisdiction). PX 337. No money claim presented to the contracting officer (no jurisdiction). PX 361. No money claim presented to the contracting officer (no jurisdiction). PX 319. No money claim presented to the contracting officer (no jurisdiction). PX 281. No money claim presented to the contracting officer (no jurisdiction). PX 360. No breach proven. DX 107.

Light fixture in Unit 1029 Carpet and vinyl in Unit 961

$82 $1,386

Vinyl in Unit 633

$2,117

Gutter downspout in Unit 638

$40

Vinyl in Units 1090 and 1111

$893

Interior painting of Unit 704

$1,089

Repainting bathroom in Unit 961

$179

Cleaning of units

$946

iii

Case 1:98-cv-00168-FMA

Document 328-2

Filed 02/21/2006

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Full interior painting of units when only a touchup was necessary Additional payroll due to additional accounting and scheduling burden

$7,771

Insufficiently documented; not presented to the contracting officer (no jurisdiction). Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). Tr. 1232. Precluded by Court's August 8, 2005 order. Not presented to the contracting officer (no jurisdiction). PX 231 at p.9. Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). PX 231; Tr. 1238, 1491. Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). PX 231; Tr. 1240, 1492. Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). PX 231; Tr. 1240, 1493. iv

$155,300

Refuse collection from 1999 through 9/1/02 Outstanding overhead and profit from 1998 through 5/00 Replacement of occupant-damaged stoves.

$155,300

$26,917

$22,809

Replacement of occupant-damaged refrigerators

$2,500

Vinyl replacement due to occupant failure to maintain

$234,693

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Filed 02/21/2006

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Carpet replacement due to occupant failure to maintain

$94,525

Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). PX 231; Tr. 1240-42, 1492-94. Insufficiently documented (based upon estimates); not presented to the contracting officer (no jurisdiction). PX 231; Tr. 1231-33, 1236, 1246-47. Not presented to the contracting officer (no jurisdiction). PX 231.

Additional payroll (1997 through 2005)

$696,287

Additional subcontractor costs(1996 through 2004)

$652,606

v