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2007 Transportation and Contractual Decisions

 

      These 8 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 claim; timeliness

11/07/2007

Under Department of Defense Instruction 1340.21,  E7.13, DOHA must receive a request for reconsideration within 30 days of the appeal decision.


carrier/contractor liability

6/21/2007

The Board finds that DOHA adjudicators had a reasonable basis to conclude there was insufficient evidence of tender to the carrier of items claimed as missing.


carrier/contractor liability

6/13/2007

A fact finder had a reasonable basis to conclude that a prima facie case had been established and that the nature of the damage claimed by the shipper was consistent with the results of the Army's estimate two years later.


carrier/contractor liability; inspection rights; salvage rights

5/8/2007

1. A carrier will not be held liable when it aggressively protects its rights to inspection within the time period stated; the member discards broken articles within the time period and before the carrier has the opportunity to inspect; and the carrier has a substantial defense involving facts discoverable by inspection of the items to overcome a prima facie case of liability. Where the carrier does not provide clear and convincing evidence of a substantial defense, the carrier remains liable for the damages. 2. Under the Military-Industry Memorandum of Understanding on Salvage, effective April 1, 1989, a carrier will not exercise its salvage rights when any single item is less than $50, or when the item is hazardous or dangerous to the health or safety of the member's family unless it is an antique, figurine or crystal. For an individual item which has a depreciated replacement value of less than $50, the carrier will receive no credit for salvage. 3. A carrier is liable for damage to an item when the damage claimed at delivery is different from the damage documented on the inventory at origin.


household goods; tender; non-temporary storage

4/24/2007

A fact finder had a reasonable basis to conclude that there was no evidence of tender of missing items to a carrier who removed goods from a non-temporary storage contractor's storage facility when the items were not listed on the descriptive inventory. The carrier prepared a rider and the member did not provide any substantive evidence of his tender of the items to the carrier.


carrier/contractor liability

3/29/2007

Under federal law, in an action to recover from a carrier for damage or loss in a shipment, a prima facie case is established by showing delivery in good condition, failure to deliver or arrival in a damaged condition, and the amount of damages. Where an item is not listed on the inventory, the shipper must provide some substantive evidence of his tender of the item to the carrier beyond a mere claim and the acknowledgment on it of the penalties for filing a false claim.


carrier/contractor liability; household goods shipment

3/7/2007

A fact finder had a reasonable basis to conclude that there was no evidence of new transit-related damage to an item when the damage claimed at delivery was not shown to be different than the damage documented on the inventory at origin.


carrier/contractor claim; household goods shipment; inspection report; salvage

2/8/2007

The absence of an inspection report conducted by the carrier from the recommendation and administrative report constituted harmless error where the carrier did not exercise his right to inspection within the time period stated in the Military-Industry Memorandum of Understanding on Loss and Damage Rules, effective January 1, 1992.


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Last updated 23 Aug 2014