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[Request for Reconsideration of Damage Claims]

B-193432,B-211194 Aug 16, 1984
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Highlights

A firm requested reconsideration of two claims relating to freight damage that were denied by GAO. GAO had denied the first claim because it found that damage to a mobile home was not due to any cause that would exempt the protester from liability. The protester contended that the damages resulted from multiple tire failures, for which it was not responsible. GAO again held that the protester did not show that the damage was due solely to a cause that would exempt it from liability. Accordingly, the decision regarding the first claim was affirmed. The second claim involved the shipment of a mobile home which became untransportable while it was in the protester's possession. The Marine Corps recovered the cost of the mobile home from the protester, and the protester claimed reimbursement for the cost of in-transit repairs. GAO had denied the claim because the protester did not pay for the in-transit repairs and did not challenge the collection of the cost of the mobile home. The protester contended that the mobile home was not in good condition when the shipment originated. GAO held that, since the protester did not show the damage was due to the fact that the mobile home was not in good condition, it did not prove that the damage was due to a cause that would exempt the protester from liability. Accordingly, the decision regarding the second claim was also affirmed.

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