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B-204237 1 (1981-10-13)

handle is hein.gao/gaobabjay0001 and id is 1 raw text is: 6MPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 205413 B-204237 October 13, 1981 The Honorable Lawton Chiles United States Senator Federal Building m-•. Lakeland, Florida 33801 'o 4e Dear Senator Chiles: This is in reference to the correspondence between your constituent, John W. Shoemaker, and the General Services Administration (GSA) which you forwarded to us on July 15, 1981. We assume that you wished us to comment on GSA's denial of Mr. Shoemaker's claim for damages in the amount of $4,000 resulting from the Government's alleged failure to timely vacate a leased building. For the reasons given below, we concur in the action taken by GSA denying Mr. Shoemaker's claim. Mr. Shoemaker states in his letter of June 11, 1981, to Wesley L. Johnson, Regional Administrator, GSA, that Mr. Bernard De Wolfe engaged The Wn. H. Reynolds Company to sell a building he owned, which at that time (June 1980) was leased by GSA and occupied by the Social Security Administration (SSA). Mr. Shoemaker is an associate in The Win. H. Reynolds Company. In November 1980, negotiations began with Mr. Lee Gibson to buy the property. Since GSA was in the last year of its lease (which expired on January 20, 1981) an inquiry was made as to whether GSA would continue to lease the premises. When no positive response from GSA was forthcoming, another tenant was located-Hospital Management Asso- ciates, Inc.-and the premises apparently leased to it, commencing sometime after the expiration of GSA's lease. Mr. Shoemaker's letter states that Mr. Charles Bigelow, attorney for Mr. De Wolfe, promised delivery of the premises to Hospital Management Associates, Inc., on February 20, 1981. However, we have been informally advised by officials of GSA that Mr. Bigelow, by letter dated January 21, 1981, did demand that the Government vacate the building by February 20, 1981, but when the premises were not vacated by this date, Mr. Bigelow telegrammed GSA on April 1, 1981, demanding that the premises be vacated by April 5, 1981. The Government actually vacated later that month. Mr. Shoemaker states in his letter that Hospital Management Associates, Inc., sought damages in the amount of $4,000 for the Govern- ment's failure to vacate the premises. The amount appears to be based on the failure to vacate on February 20, 1981, without regard to the ex- tended period of time granted by the building's owner, Mr. De Wolfe, in his attorney's April 1 telegram. In any case, after both Mr. De Wolfe and

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