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B-232148 1 (1988-10-03)

handle is hein.gao/gaobadnft0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Claim of Ward's Body Shop and Wrecker Service Matter of: B-232148 File: Date: October 3, 1988 DIGEST Company that towed and stored immobile government trailer that blocked the highway and constituted a safety hazard may be paid on quantum meruit basis because services performed in good faith conferred a benefit that was received and accepted by government. The government must limit payments to the extent of the benefit received from the services. DECISION The Department of the Army asks the Comptroller General for an advance decision on a claim by Ward's Body Shop and Wrecker Service (Ward's) arising out of towing services rendered as a result of an Army trailer igniting and becoming immobile on a major highway. Of the $500 billed to the Army, we authorize payment of $220 on a quantum meruit basis. BACKGROUND On December 22, 1987, an Army trailer caught fire and became immobile during transport from Fort Campbell, Kentucky to the Boone National Guard Center in Frankfort, Kentucky. After the fire, with no Army personnel available to consult, a local deputy sheriff summoned Ward's to remove the trailer for reasons of public safety. The day after Ward's towed the trailer, an Army Installation Transportation Officer (ITO) contacted Ward's to make arrangements for the return of the trailer to Fort Campbell. The ITO told Ward's that the Army planned to retrieve the trailer on December 28, and informed ward's of the claims procedure that it would have to follow in order to be paid for its services. Ward's did not desire to follow the claims procedure and stated that it would only release the trailer upon receiving payment for services rendered. !c 37C0q

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