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2004 Transportation and Contractual Decisions

 

      These 13 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 liability

11/10/2004

Where a carrier offers no rationale as to why or how a consideration of the various assertions it lists in its reconsideration request would result in a different outcome in the case, we are not permitted to guess as to possible theories of recovery that the carrier may have had. The theory of recovery must be reasonably clear.


Carrier/Contractor liability

11/3/2004

1. A DD Form 1840R is considered to have been "dispatched" on the date entered on the form in the installation's claims office, even if the notice does not leave the installation on that day. 2. In the absence of clear and convincing contrary evidence, on disputed questions of fact between the claimant and an administrative office, we accept the statement of fact furnished by the administrative office. 3. Where a carrier offers no rationale as to why or how a consideration of the various factors and assertions it lists in its reconsideration request would result in a different outcome in the case, we are not permitted to guess as to possible theories of recovery that the carrier may have had. The theory of recovery must be reasonably clear.


Carrier/contractor

9/10/2004

If a claimant's request for reconsideration cites error in the appeal decision for not discussing certain topics, the claimant must offer a rationale as to why and how a discussion of the various topics would result in a different outcome.


General; carrier/contractor liability

8/31/2004

1. A carrier can be charged with loss even if items are not listed on the inventory, where other circumstances are sufficient to establish that the goods were tendered and lost.
2. If a claimant's request for reconsideration cites error in the appeal decision for not considering certain factors or explaining certain topics, the claimant must offer a rationale as to why and how a consideration of those factors or a discussion of those topics would result in a different outcome. Moreover, we cannot guess as to the basis for recovery; the theory of recovery must be reasonably clear.


Carrier/contractor liability

8/9/2004

If a claimant's request for reconsideration cites error in the appeal decision for not explaining certain topics, the claimant must offer a rationale as to why and how a discussion of the various topics would result in a different outcome. Moreover, we cannot guess as to the basis for recovery; the theory of recovery must be reasonably clear.


General; carrier/contractor liability

5/21/2004

1. With respect to disputed questions of fact, the Board will accept the statement of facts furnished by a service's administrative office, in the absence of clear and convincing contrary evidence. 2. The erroneous use of a copy of a Joint Statement of Loss or Damage at Delivery (DD Form 1840) and an attached letter, instead of a Notice of Loss or Damage (DD Form 1840R), to notify the carrier of loss or damage discovered after delivery does not invalidate a service member's prima facie claim of liability against a carrier if the notice otherwise is timely and adequate to alert the carrier of the need to investigate for possible loss or damage on the shipment.


Carrier/Contractor liability

4/29/2004

1. A prima facia case of liability may be established with regard to internal damage to a computer when the shipper provides evidence that the item in question was in good working order at the time of tender and evidence of impact-caused damage to a normally sturdy internal component.
2. When items are not listed on the inventory, the member must present at least some substantive evidence of his tender of the items to the carrier beyond his claim and the acknowledgment on it of the penalties for filing a false claim. Such evidence may be a statement reflecting personal knowledge of the circumstances surrounding the tender of the item to the carrier or evidence that the item was actually delivered to the shipper by the carrier, albeit in a damaged condition.


General; carrier/contractor

4/27/2004

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 value of the property at acquisition. The carrier cannot overcome a repair estimate for purposes of a prima facie case of liability against it merely by arguing that a depreciated replacement cost, based on a depreciation of the value of the property at acquisition, is less than the repair cost.


General; carrier/contractor

4/27/2004

In the absence of clear and convincing contrary evidence, on disputed questions of fact between the claimant and an administrative office, we accept the statement of fact furnished by the administrative office.


General; carrier liability

4/19/2004

With respect to disputed questions of fact, the Board will accept the statement of facts furnished by a service's administrative office, in the absence of clear and convincing contrary evidence.


General; carrier liability

3/22/2004

A prima facia case of liability may be established with regard to internal damage to a refrigerator when the shipper provides (1) evidence that the item in question was in good working order at the time of tender, and (2) evidence of visible impact-caused damage to a normally sturdy internal component.


General; carrier liability

3/11/2004

The carrier is liable for transit damage when the pre-existing damage involved cracked trim but the claimed damage involved broken and missing molding or trim.


General; carrier liability

3/11/2004

A sofa with soil and stains prior to shipment was found at delivery to have a black streak on the seat cushions. The carrier did not inspect or otherwise investigate the damage. To avoid liability, the carrier must prove that the black streak was pre-existing damage (PED). The fact that the pre-existing soil and stains may have been removed in the course of cleaning to remove the black streak is incidental as long as no additional costs were incurred. The carrier has not provided evidence that the black streak was PED or that extra cleaning costs were incurred.


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Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011
Last updated 23 Aug 2014