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Refund of Demurrage Charges Assessed by a Railroad against a Contractor

B-188383: Jun 17, 1977

The claimant requested reimbursement for demurrage charges assessed by the Illinois Central Gulf Railroad against the claimant for detention of railcars beyond the free time published in tariffs. The contractor was not entitled to payment as a matter of law where the contract specifically stated the liability of the government as to demurrage charges and the relief which can be granted. Contracts...

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B-188383, JUN 17, 1977

B-188383: Jun 17, 1977

CONTRACTOR CLAIMING A REFUND OF DEMURRAGE CHARGES ASSESSED BY THE RAILROAD IS NOT ENTITLED TO PAYMENT AS A MATTER OF LAW WHERE CONTRACT SPECIFICALLY STATES THE LIABILITY OF THE GOVERNMENT AS TO DEMURRAGE CHARGES AND THE RELIEF WHICH CAN BE GRANTED. CONTRACTS ARE TO BE ENFORCED AS WRITTEN IN THE ABSENCE OF AMBIGUITY OR FORFEITURE OF RIGHTS BY CONDUCT. THE CLAIM IS FOR A REFUND OF DEMURRAGE CHARGES...

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