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B-215206 1 (1984-10-24)

handle is hein.gao/gaobadlze0001 and id is 1 raw text is: THE COMPTROLLER OENERAL OECISION OP THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-215206 DATE: October 24, 1984 MATTER OF: William H. Hutchinson - Attorney's Fees Incident to Settlement of Unexpired Lease OIQEST: An agency questions whether an employee can be reimbursed attorney's fees and costs incident to litigation to settle an unexpired lease. The employee may be reimbursed the litigation costs since the Federal Travel Regulations do not preclude such expenses incurred incident to settling an unexpired lease, the amounts claimed are reasonable, and the potential liability of the Government was considerably greater than the amount settled on. To the extent that B-175381, April 25, 1972, is incon- sistent, it will no longer be followed. Mr. Edward L. Davis, Assistant Director, Administra- tion, Fish and Wildlife Service, Department of the Interior, has requested an advance decision on the propriety of a claim for reimbursement of attorney's fees resulting from litigation to settle an unexpired lease when an employee was transferred to a new duty station. The claim is allowed since there is no prohibition in the regulation barring payment of legal expenses incurred incident to litigation when an employee settles an unexpired lease. Mr. William H. Hutchinson, an employee of the Fish and Wildlife Service, was transferred from Newton Corners, Maine, to Socorro, New Mexico, pursuant to a travel authorization dated December 29, 1982. On December 22, 1982, Mr. Hutchinson signed his employment agreement and gave his landlord in New Hampshire oral notice that in February (approximately 6 months prior to the expiration of the lease) he would be vacating the property which he was leasing. A confirming written notification was furnished on December 28, 1982. The agency states that Mr. Hutchinson made no further attempt to negotiate a settlement with his landlord.

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