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B-186431 1 (1976-07-22)

handle is hein.gao/gaobadcvz0001 and id is 1 raw text is: FILE: B-186431 DATE: July 22 MATTER OF: Pope & Talbot, Inc. DIGEST: Claimant may not be paid expenses incurred in repairing access road since it was not required to perform such work under timber sale contract and quantum meruit recovery is precluded because there was no contract implied-in-fact as claimant was mere volunteer. The Department of Agriculture Forest the claim of Pope & Talbot, Inc., for our for costs incurred in repairing an access Stone Timber Sale, contract No. 02300-2. 1976 ,-f113e6'0 Service has submitted review. The claim is road under the Coffee The contract provided, in pertinent part, that Pope & Talbot develop and maintain road No. 2231-B. The road was accepted by the Forest Service on September 12, 1973. Under the terms of the contract, Pope & Talbot was still required to perform ordinary maintenance and repair any damage caused by the logging operations. Any repairs of an extraordinary nature are not included in the road maintenance provisions. During the winter of 1973-74, numerous major slides and one large slip-out occurred on the road making it impassable. The Forest Service acknowledged that the road damage was its responsi- bility, but did not respond timely in opening the road. By Septem- ber 1974, the repair work had not been started. Pope & Talbot decided to perform the repair work, even though not bound to do so, as the alternatives were less desirable. The repair work was not ordered nor requested by the Forest Service either verbally or in writing. The claim is.essentially quasi-contractual in nature, as the work performed by Pope & Talbot was not covered by the existing contract. The law is well settled that the United States may be liable .on implied-in-fadt contracts. See, e.g., Hickman v. United States, 135 F.Supp. 919 (W.D. La. 1955). In 55 Comp. Gen. 768, 777 (1976), we stated: - 1 - DECISION 0%,LE R C THE COMPTIOLLER GENERAL . OF THE UNITED STATES WASHINGTON. .C. 20548

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