About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-188304 1 (1979-01-18)

handle is hein.gao/gaobabjlt0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-188304 ~ ~ January 18, J979 Western Timber Association J- ../.e- 211 Sutter Street 44, 1 San Francisco, California 94108 Attention: Wesley R. Higbie, Staff Attorney Dear Mr. Higbie: This is in response to your letter of December 4, 1978, regarding reconsideration of a claim by Zip-O- Log Mills, B-188304, September 8, 1978, 78-2 CPD 178. You question our finding that there must be an advance written agreement for a design change and .state that the provision only requires agreement. The custom in some parts of the country, you add, is for the parties to agree to a change and to complete the paperwork after work has begun. You appear to be concerned that, under our decision, in the absence of an advance written agreement, relief would not be available to a timber purchaser who had performed additional work to which the Forest Ser had informally consented. Although we -not decide this except in the context of a specific case, this appears doubtful so long as the essential elements for a quantum meruit recovery--a benefit to the Govern- ment and an express or implied ratification by the contracting agency--are present. In the Zip-O reconsideration, although the parties disagreed as to the application and scope of the Design Change Clause, there was no dispute as to the require- ment for an advance written agreement. Similarly, Forest Service Headquarters and Zip-O both agreed that the Department of Agriculture Board of Contract Appeals (AGBCA) does not recognize constructive changes. In fact, at a meeting at our Office, counsel for Zip-O argued that this was one of the primary reasons for requesting reconsideration of the claim-by our Office, rather than presenting it to the Board for resolution under the Disputes Clause of the contract as recommended in our decision of July 14, 1977. This position was supported \ 0 3#Z17 oc~/ jq D )qIJ5

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most