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B-211222 1 (1983-04-15)

handle is hein.gao/gaobadlab0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WA SHINGTON. 0. C. 20548 FILE: B-211222 DATE: April 15, 1983 MATTER OF: Overnite Transportation Company DIGEST: 1. Even though Government did not take exception to delivery receipt for damage to shipment, carrier is not absolved of all liability. Delivery receipt is not conclusive and is sub- ject to rebuttal by timely notice to carrier of later discovered damage. 2. Carrier's decision to waive right to inspect damage on basis of statement of receiving clerk based on clerk's nonexpert opinion that damage was minor is essentially a business judgment and carrier bears risk of failure to inspect damage. Carrier must demonstrate amount of damages claimed by agency is unreasonable. 3. Where agency documents the actual repairs that were necessary and the number of work hours needed for each step of the repairs and claim- ant does not present any evidence to refute the reasonableness of those costs, we have no basis to question labor costs in the damage claim. Overnite Transportation Company (OTC) requests review of a GAO Settlement Certificate dated December 30, 1982, in which the GAO Claims Group disallowed its claim for a refund of $610.40. The Air Force deducted this amount from bills due OTC for the damages to an Air Force fuel tank trans- ported from Warner Robins Air Force Base, Georgia, to Hayes International Corporation (Hayes) under Government bill of lading (GBL) No. S-0,278,736. OTC contends that the Air Force has not established OTC's liability for the damage. The Claims Group settlement action is sustained. OTC transported a shipment which included an aluminum tank in a crate weighing 680 pounds. The shipment was delivered to Hayes on June 28, 1979. No exception to the shipment's condition was taken at delivery, and the

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