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DOCUMENT BESUME
02691 - [A1792814]
[Refund of Demurrage Charges Assesued by a Railroad against a
Contractor]. B-108383. June 17, 1977. 3 pp.
Decision re: Louisville Scrap Material Co., Inc.; by Milton
Sucolar (for Elmer .. Stants, Comptroller General].
Issue Area: Federal Procurement of Goods and Services (1900).
Contact: Office of the General Counsel: Transportation Law.
Budget Function: Kational Defense: Department of Defense -
Procurement & Lortracts (058).
Organization Concerned: Illinois Central Gulf Railroad; Defense
Logistics Agency.
Authority: 56 Coup. Gen. 340. 53 Coup. Gen. 167. 53 Coap. Gen.
829. Great Northern By. v. United States, 312 P.2d 906 (it.
Cl. 1963). Simpson v. United .States, 172 U.S. 372, 379
(1899). Penn Bridge Co. v. United States, 59 Ct. Cl.,892,
896 (1924). Richards Associates v. United States, 177 Ct.
Cl. 1037, 1052 (1966).
The claimant requested reimbursement for demurrage
charges assessed by the Illinois Central Gulf Railroad against
the claimant for det.intion 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 are to be enforced as
written it, the absence of ambiguity or forfeiture of rights by
conduct. (Author/SC)
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