- 31 -
received those invoices, and both Mr. Harris and Ms. Svarzkopf had
approved them.15 We further find on the record in this case that
the June 2, 1995 oral modification was not made before the amount
that Olin Ordnance owed to Mr. Palmer with respect to each of his
approved monthly invoices 0011 and 0012 was due.
On the instant record, we also find that, as of the time the
June 2, 1995 oral modification was made, Mr. Palmer did not have
an absolute and unconditional right to receive the amount that
Olin Ordnance owed to him with respect to his approved monthly
invoice 0013 covering the period from April 3 through April 30,
1995. That is because, as of that time, 30 days had not expired
from the date (May 7, 1995) on which Olin Ordnance first received
that invoice. We further find on the present record that the June
2, 1995 oral modification was made before the amount that Olin
Ordnance owed to Mr. Palmer with respect to his approved monthly
invoice 0013 was due. We thus must address whether the June 2,
1995 oral modification precludes application of the constructive-
receipt doctrine with respect to the amount of nonemployee compen-
sation that Olin Ordnance owed to Mr. Palmer with respect to his
approved monthly invoice 0013. We must address the same question
with respect to the amount of nonemployee compensation that Olin
Ordnance owed to Mr. Palmer with respect to each of his approved
15There was a minor change made to Mr. Palmer’s monthly
invoice 0012.
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