Agency Presumed to Have Caused Damage to Equipment Delivered in Good Working Condition; ASBCA No. 61047, Application Under the Equal Access to Justice Act of Assessment and Training Solutions Consulting Corporation

Application for attorney’s fees and expenses related to a successful claim for damaged equipment is granted, where the agency failed to demonstrate that ASBCA misapplied the common law of bailment when it found the agency’s negligence had caused damage to the appellant’s property, and where the agency’s litigation position was not substantially justified, in part because it withheld documentary evidence that could have supported its testimony that the leased equipment was operated and maintained properly.