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B-213841 1 (1984-09-18)

handle is hein.gao/gaobadlxl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED 8TATES WA8HINGTON. 0. C. 20548 FILE: B-213841 DATE: September 18, 1984 MATTER OF: Paul Arpin Van Lines Inc. DIGEST: Carrier has failed to establish that government setoff for loss and damage claim was excessive where agency based amount of setoff for damage to sofa on repair estimate by upholsterer which specifically indicated that complete reuphol- stery was necessary because of the nature of the damages, and carrier has offered on evidence to refute the reasonableness of this estimate, in- stead offering subjective opinion that the failure to estimate on the basis of a lesser re- pair demonstrates the lack of expertness of the upholsterer. Paul Arpin Van Lines Inc. (Arpin) requests review of a GAO settlement certificate dated September 30, 1983, in which the GAO Claims Group disallowed Arpin's claim for a refund of $151. The Air Force had set off this amount from bills due Arpin to reflect part of the damages to household goods which were the property of Air Force member, Robert L. Smith, while being transported by Arpin under government bill of lading No. BP 024060. In its request for review, Arpin alleges that the Air Force set off an excessive amount for damages to one of the two items considered by the Claims Group, a sofa bed. Initially, the Air Force reimbursed Mr. Smith for $1,997.77 for loss and damage to various items in the shipment in question, thereby becoming subrogated to his claim against the carrier and taking setoff action. After appeals within the Air Force, Arpin eventually filed with our Claims Group with respect to $151 of the setoff relating to two of the damaged items. Our Claims Group issued a settlement certificate disallowing the entire claim and, in particular, disallowing that part of the claim relating to the sofa on the basis that carrier liability had been established and the Air Force had provided a reasonable basis for its calculation of damages, which was not rebutted by Arpin.

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