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[Claim for Personal Property Storage Expenses]

B-206542 Sep 07, 1982
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Highlights

A storage company requested review of a Claims Group settlement which disallowed its claim for storage charges on Army members' personal property pending the owners' arrival from overseas. The property in question was never claimed and remained in storage. The protester submitted to the Army a list of the unclaimed shipments, and the Army advised the protester to submit billings to cover 180 days of storage. The protester resubmitted invoices for the full cost of storage. The Army later authorized the disposition of the unclaimed shipments, terminated storage at Government expense effective as of 6 months after the shipments were placed in storage, and paid the invoices for that period. The protester maintained that it was also entitled to payment for the remainder of the time during which the shipments were held in storage. Army regulations entitle members to temporary storage at Government expense for a period of 90 days and, in conditions beyond the control of the member, storage for not more than an additional 90 days can be authorized. The Claims Group agreed with the Army that this regulation controlled the situation. Both parties understood that the storage for each member was limited to 180 days at Government expense, and the protester was not entitled to payment on a quantum meruit basis since both parties had apparently agreed to a series of contracts and the Government did not receive any benefit. Despite the alleged inaction by the Government on these accounts, the protester knew that the Government would assume liability for only 180 days of storage and, after 180 days, the protester entered into a contract with the property owners. Accordingly, the Claims Group settlement was sustained.

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