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B-126471, MAY 11, 1956

B-126471 May 11, 1956
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FARWELL COMPANY: REFERENCE IS MADE TO A LETTER DATED APRIL 12. RELATIVE TO YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR INCREASED SPECIAL SERVICES ALLEGED TO HAVE BEEN RENDERED BY YOU AS LESSOR UNDER LEASE NO. THE LEASE PROVIDED THAT THE PROPERTY WAS "TO BE USED EXCLUSIVELY FOR THE FOLLOWING PURPOSES: OFFICE QUARTERS AND STORAGE SPACE.'. THE PROPERTY WAS OCCUPIED BY THE ARMY WAR BOND OFFICE FROM THE DATE OF THE LEASE UNTIL APPROXIMATELY JUNE 1. WHEN THE SPACE WAS ASSIGNED TO THE VETERANS ADMINISTRATION. YOU CONTEND THAT YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT TO COVER INCREASED COSTS FOR SPECIAL SERVICES FURNISHED DURING THE PERIOD FROM AUGUST 1. IT WAS HELD. THAT YOU WERE NOT ENTITLED TO ADDITIONAL COMPENSATION FOR THE ADDITIONAL SPECIAL SERVICES ALLEGED TO HAVE BEEN FURNISHED.

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B-126471, MAY 11, 1956

TO JOHN V. FARWELL COMPANY:

REFERENCE IS MADE TO A LETTER DATED APRIL 12, 1956, FROM YOU ATTORNEYS, HOLMES, DIXON, KNOUFF AND POTTER, RELATIVE TO YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR INCREASED SPECIAL SERVICES ALLEGED TO HAVE BEEN RENDERED BY YOU AS LESSOR UNDER LEASE NO. WA1PB 4712 DATED DECEMBER 19, 1942, AS AMENDED, COVERING REAL ESTATE IN CHICAGO, ILLINOIS.

THE LEASE PROVIDED THAT THE PROPERTY WAS "TO BE USED EXCLUSIVELY FOR THE FOLLOWING PURPOSES: OFFICE QUARTERS AND STORAGE SPACE.' THE PROPERTY WAS OCCUPIED BY THE ARMY WAR BOND OFFICE FROM THE DATE OF THE LEASE UNTIL APPROXIMATELY JUNE 1, 1946, WHEN THE SPACE WAS ASSIGNED TO THE VETERANS ADMINISTRATION, WHICH BEGAN THE OPERATION OF AN OUTPATIENT CLINIC IN PART OF THE BUILDING ON OR ABOUT AUGUST 1, 1947. YOU CONTEND THAT YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT TO COVER INCREASED COSTS FOR SPECIAL SERVICES FURNISHED DURING THE PERIOD FROM AUGUST 1, 1947, TO DECEMBER 31, 1952, INCIDENT TO THE CONVERSION OF THE SECOND FLOOR SPACE FOR USE AS OFFICES FOR AN OUTPATIENT AND DENTAL CLINIC, TOGETHER WITH THE INSTALLATION OF A CONTACT ROOM AND ADDITIONAL PARTITIONS ON THE FIRST FLOOR.

IN OUR DECISION OF FEBRUARY 16, 1956, TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, REFERRED TO IN YOUR ATTORNEYS' LETTER OF APRIL 12, 1956, IT WAS HELD, FOR THE REASONS FULLY SET OUT IN THE DECISION, THAT YOU WERE NOT ENTITLED TO ADDITIONAL COMPENSATION FOR THE ADDITIONAL SPECIAL SERVICES ALLEGED TO HAVE BEEN FURNISHED. IN THE LAST PARAGRAPH OF THE DECISION IT WAS STATED:

"ON THE PRESENT RECORD, WE CANNOT CONCLUDE THAT THE USE OF A PORTION OF THE LEASED PREMISES FOR OUT-PATIENT CLINIC PURPOSES WAS UNAUTHORIZED BY THE TERMS OF THE LEASE. AT LEAST THERE IS TOO MUCH DOUBT IN THE MATTER FOR THIS OFFICE TO AUTHORIZE ANY ADDITIONAL PAYMENT.'

YOUR ATTORNEYS SUGGEST THAT THE MATTER BE REFERRED TO THE COURT OF CLAIMS UNDER 28 U.S.C. 2510, WHICH PROVIDES:

"THE COMPTROLLER GENERAL MAY TRANSMIT TO THE COURT OF CLAIMS FOR TRIAL AND ADJUDICATION ANY CLAIM OR MATTER OF WHICH THE COURT OF CLAIMS MIGHT TAKE JURISDICTION ON THE VOLUNTARY ACTION OF THE CLAIMANT, TOGETHER WITH ALL VOUCHERS, PAPERS, DOCUMENTS, AND PROOFS PERTAINING THERETO.'

THE COURT OF CLAIMS DOES NOT HAVE JURISDICTION OF A CLAIM UNLESS A PETITION THEREON IS FILED, OR THE CLAIM IS REFERRED BY THE HEAD OF AN EXECUTIVE DEPARTMENT, WITHIN SIX YEARS AFTER SUCH CLAIM FIRST ACCRUES. U.S.C. 2501. CONSEQUENTLY, YOUR CLAIMS FOR SUCH ADDITIONAL AMOUNTS AS ACCRUED MORE THAN SIX YEARS AGO ARE BEYOND OUR AUTHORITY TO REFER TO THE COURT OF CLAIMS. MOREOVER, 28 U.S.C. 2510 HAS NOT BEEN REGARDED BY US AS APPLICABLE TO A CLAIM WHICH HAS BEEN CONSIDERED AND FINALLY DETERMINED BY THIS OFFICE. THE CASES WHICH HERETOFORE HAVE BEEN REFERRED TO THE COURT OF CLAIMS UNDER THE CITED PROVISION GENERALLY HAVE INVOLVED CONFLICTING CLAIMS FOR MONEYS CLEARLY DUE, THE ADJUDICATION OF WHICH BY THE COURT OF CLAIMS WAS DEEMED TO BE NECESSARY TO PROTECT THE GOVERNMENT AGAINST THE UNSUCCESSFUL CLAIMANTS, OR CASES IN WHICH THE RIGHT OF THE CLAIMANT WAS CLEAR BUT THE AMOUNT DUE WAS TOO UNCERTAIN TO PERMIT OF SETTLEMENT BY OUR OFFICE.

FOR THE REASONS ABOVE SET OUT, THE REQUEST THAT THIS MATTER BE REFERRED TO THE COURT OF CLAIMS ..END :

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