B-172141, MAR 31, 1971

B-172141: Mar 31, 1971

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ALTHOUGH CLAIMANT HAS NOW PROVIDED RECEIPTED INVOICES SHOWING THAT THE ALLEGED REPAIR COSTS WERE ACTUALLY INCURRED THE INSTANT CONTRACTS CONTAINED AN INSURANCE/LIABILITY PROVISION UNDER WHICH THE GOVERNMENT'S LIABILITY FOR DAMAGES CAUSED BY ITS FAULT OR NEGLIGENCE IS LIMITED TO $100 PER TRUCK. TO MOTORS LEASING COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 16. IT WAS STATED IN THE SETTLEMENT THAT YOU HAD NOT FURNISHED EVIDENCE THAT YOU ACTUALLY INCURRED THE ALLEGED REPAIR COSTS. YOU HAVE NOW PROVIDED RECEIPTED INVOICES. THE GOVERNMENT WAS NOT RESPONSIBLE FOR DAMAGES TO THE TRUCKS WHICH WERE CAUSED BY ORDINARY WEAR AND TEAR.

B-172141, MAR 31, 1971

CLAIM FOR DAMAGES - GOVERNMENT LIABILITY DECISION ALLOWING PAYMENT OF $1,596.84 ON CLAIM OF $5,783.21 COVERING REIMBURSEMENT FOR THE COST OF REPAIRING 16 TRUCKS RENTED TO THE MALMSTROM AFB, MONTANA. ALTHOUGH CLAIMANT HAS NOW PROVIDED RECEIPTED INVOICES SHOWING THAT THE ALLEGED REPAIR COSTS WERE ACTUALLY INCURRED THE INSTANT CONTRACTS CONTAINED AN INSURANCE/LIABILITY PROVISION UNDER WHICH THE GOVERNMENT'S LIABILITY FOR DAMAGES CAUSED BY ITS FAULT OR NEGLIGENCE IS LIMITED TO $100 PER TRUCK. THEREFORE $1,500 ON 15 RENTED TRUCKS AND $96.84 THE ACTUAL REPAIR COST OF THE 16TH TRUCK MAY BE CERTIFIED FOR PAYMENT AS FULL AND FINAL SETTLEMENT OF ALL CLAIMS.

TO MOTORS LEASING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19, 1971, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR $5,783.21, COVERING REIMBURSEMENT FOR THE COST OF REPAIRING 16 TRUCKS RENTED TO THE MALMSTROM AIR FORCE BASE, MONTANA, UNDER CONTRACTS NOS. F24604-69-C 0152 AND F24604-70-C-0090, DATED MAY 5 AND JULY 1, 1969, RESPECTIVELY.

THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 16, 1970, ISSUED BY THE CLAIMS DIVISION OF OUR OFFICE. IT WAS STATED IN THE SETTLEMENT THAT YOU HAD NOT FURNISHED EVIDENCE THAT YOU ACTUALLY INCURRED THE ALLEGED REPAIR COSTS. YOU HAVE NOW PROVIDED RECEIPTED INVOICES. HOWEVER, THERE REMAINS THE QUESTION AS TO THE EXTENT OF THE GOVERNMENT'S LIABILITY FOR REPAIR OF THE 16 RENTED TRUCKS. THE GOVERNMENT WAS NOT RESPONSIBLE FOR DAMAGES TO THE TRUCKS WHICH WERE CAUSED BY ORDINARY WEAR AND TEAR, AND THE CONTRACTS CONTAIN AN INSURANCE/LIABILITY PROVISION UNDER WHICH THE GOVERNMENT'S LIABILITY FOR DAMAGES CAUSED BY ITS FAULT OR NEGLIGENCE (OR THAT OF ITS DRIVER) IS LIMITED TO $100 PER TRUCK. THE DEPARTMENT OF THE AIR FORCE HAS RECOMMENDED PAYMENT OF THE AMOUNT OF $1,596.84 ON YOUR CLAIM FOR $5,783.21. THE RECOMMENDED ALLOWANCE COVERS A MAXIMUM LIABILITY OF $1,500 ON 15 OF THE RENTED TRUCKS AND PAYMENT OF $96.84 ON THE SIXTEENTH TRUCK WHICH, YOU INDICATED, WAS REPAIRED AT A COST OF $96.84.

IN THE CIRCUMSTANCES, THE AMOUNT OF $1,596.84 WILL BE CERTIFIED FOR PAYMENT TO YOUR COMPANY IN FULL AND FINAL SETTLEMENT OF ALL CLAIMS ARISING OUT OF TRUCK RENTAL CONTRACTS NOS. F24604-69-C-0152 AND F24604 70-C-0090.