Agency Responsible for Damages to Premises, but Space Might Have Been Rentable; CBCA 5220, Commerce Plaza Office Partners LLC v. Department of Veterans Affairs

Motion for judgment on the administrative record is granted in part, where the agency is responsible for damages caused to the appellant’s premises and only the extent of the damages and quantum remain to be determined; and denied in part, where additional questions of material fact remain as to the agency’s use of a portion of the leased space after the expiration of the agreement, and how this use interfered with the appellant’s ability to rent the remainder of the space to another tenant, and whether the damages to the premises precluded the appellant from rending the space.