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2002 Transportation and Contractual Decisions

 

      These 7 Board decisions involve a carrier's dispute over whether it is liable for transit loss or damage. They also include all kinds of quasi-contractual disputes which are settled under Section 3702 of title 31 of the United States Code. They do not include requests by carriers for review of the General Services Administration's transportation audit; the General Services Administration Board of Contract Appeals reviews such matters.

Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011

carrier/contractor

12/17/2002

In the absence of clear and convincing contrary evidence from a carrier, we will accept a Notice of Loss or Damage, DD Form 1840R, that the military service certifies as a part of its official claims file and that appears to be properly prepared, as evidence that a copy was dispatched to the carrier at the address and on the date indicated therein.


Loss and Damage; depreciated replacement cost

9/19/2002

Generally, a carrier's liability for transit damage is the lesser of depreciated replacement cost or repair cost, but if a Service obtains a repair estimate on a damaged item, it is not required to also document the depreciated replacement cost unless the carrier offers one. Under the Joint Military-Industry Memorandum of Understanding on Loss and Damage Rules , the carrier has the right to inspect the damaged property and may offer its own repair estimate or determine the appropriate replacement cost for the damaged item. However, depreciated replacement cost is not calculated by depreciating the purchase price. The carrier cannot overcome a repair estimate for purposes of a primafacie case of liability against it merely by arguing that the "depreciated replacement value," based on depreciation of purchase price, is less than the repair cost.


Transit damage; measure of damages

07/16/2002

A carrier must prove by clear and convincing evidence that a military service unreasonably applied a particular measure of damage to calculate the carrier's liability. However, by contract with the industry, the military services agree that the depreciation rates for average care and /or use set forth in the Joint Military/Industry Depreciation Guide are reasonable for purposes of recovery against the carrier. When the Army deviates from these rates without a complete explanation, such a deviation is inferentially unreasonable until explained.


Transit Damage

06/27/2002

When a carrier fails to inspect the damage or investigate/adjudicate the claim within the period provided in the Joint Military-Industry Memorandum of Understanding on Loss and Damage Rules , a shipper presents primafacie evidence of transit damages to several items when the shipper claims that the items were damaged in transit; the items are delivered in a damaged condition (or more damaged condition) compared to their condition as noted in the inventory; and the damages are consistent with rough handling.


Transit Damage

05/14/2002

In the absence of clear and convincing contrary evidence from a carrier, we will accept a Notice of Loss or Damage, DD Form 1840R, that the military service certifies as a part of its official claims file and that appears to be properly prepared, as evidence that a copy was dispatched to the carrier at the address and on the date indicated therein.


quantum meruit; quantum valebant

05/08/2002

Quantum meruit/quantum valebant relief is not available to a claimant who performs personal services for the government, absent statutory authority permitting the procurement of the personal service.


General; Carrier liability

03/06/2002

A carrier must prove by clear and convincing evidence that a military service unreasonably used a particular measure of damage to calculate the carrier's liability. Here, however, the Army deviated without explanation from the depreciation rates for average care and/or use set forth in the Depreciation Guide. Such deviations are inferentially unreasonable until explained.


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Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011
Last updated 20 Dec 2014