Vets agency sues design firm, adviser for $20 million
Oklahoma has filed a lawsuit against two contractors accused of negligence in designing a new 175bed facility for veterans.
The Oklahoma Department of Veterans Affairs is seeking $20 million from design firm Orcutt Winslow and Cooper Project Advisors after the agency had to redo design work on the Sallisaw Veterans Center.
According to the lawsuit filed in Sequoyah County, the department hired Cooper to represent and advise it during the design phase of the project. Orcutt Winslow was hired as a subcontractor under the primary construction contractor, Flintco.
During construction, Flintco reportedly encountered numerous issues with the documents Orcutt Winslow submitted. For example, the lawsuit alleges Orcutt Winslow failed to incorporate the correct fire rating required by building codes. The department also claims the design firm failed to identify or account for federally protected wetlands on the property that were eventually disturbed by construction.
“Orcutt failed to perform its architectural services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar conditions,” the lawsuit states.
Cooper, hired by the department to be its adviser during the design phase, is accused of failing to recognize Orcutt’s errors.
To complete construction without further delay, department officials had to ask lawmakers for supplemental appropriations to cover the additional work needed for a redesign. The lawsuit asks for at least $20 million from Orcutt and Cooper.
The two companies have tendered their first, most basic responses in court but haven’t yet had a chance to fully defend themselves in front of a judge. The court has not set a trial date. Cooper Project Advisors replied to the department’s lawsuit by claiming that any damages would have been caused by an unspecified third party, and that it is not responsible for any of the additional costs borne by the agency. In its own response, Orcutt Winslow essentially told the department that if anyone is responsible, it’s the fault of someone outside of the company’s control. Orcutt’s lawyers also made a counterclaim against the agency, saying it owes nearly $138,000 for an unpaid invoice. The department has not responded to Orcutt Winslow’s counterclaim.
What happened with the Sallisaw Veterans Center?
The controversy over construction of the Sallisaw
Veterans Center came at a turbulent time for the Oklahoma Department of Veterans Affairs.
The man at the head of the agency as it oversaw these contracts, Joel Kintsel, was drummed from his position during a clash with Gov. Kevin Stitt and the gubernatorial-appointed board that oversaw his work as executive director.
Board members cited several reasons for terminating Kintsel; along with insubordination and refusing to let the board meet in department offices, Kintsel was criticized for his handling of the Sallisaw construction contracts.
The agency’s current director, Greg Slavonic, said the new veterans home in Sallisaw is 65% to 70% complete.
“They’ve got most of, if not all, the outside work completed. Now they’re working on the inside with Sheetrock and all the other types of work that goes along with finishing out a building,” said Slavonic.
Talihina Veterans Center closed
Slavonic expects to meet soon with local officials in Sallisaw to tour what’s already been built.
The center is expected to open in about a year.
“I think we’re on track for opening of the facility somewhere in the November-December (2024) timeframe, given that there are no other glitches and problems with weather or things of that nature,” he said.
The original construction schedule would have seen the Sallisaw Veterans Center open by now.
Sallisaw was considered a replacement for the Talihina Veterans Center, a century-old rural facility about an hour and a half drive south of the new center.
Talihina, however, is already closed after finding new accommodations for the 36 veterans who remained. The only staff left are a skeleton crew to discourage vandalism and monitor the facility’s infrastructure.
It’s not clear what will happen to the old center, which is now sitting unused on 600 acres of property.