United States v. American Surety Co., 322 U.S. 96 (1944)

United States v. American Surety Co.


No. 381


Argued March 27, 28, 1944
Decided April 24, 1944
322 U.S. 96

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

1. Under the Government construction contract here involved, the Government was not entitled to recover liquidated damages for delay in completion where, though subsequently to the specified completion date, the Government terminated the contractor’s right to proceed. P. 100.

2. A Government construction contract may validly provide for liquidated damages in limited situations only. Act of June 6, 1902, § 21. P. 101.

136 F.2d 437 affirmed.

Certiorari, 320 U.S. 729, to review a judgment which reversed in part a Judgment for the United States in a suit upon a construction contract, 44 F.Supp. 871.