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U.S. Code, Title 41, Public Contracts
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 36. Liability for Contract Breach; Cancellation; Completion by Government Agency; Employee’s Wages
Any breach or violation of any of the representations and stipulations in any contract for the purposes set forth in section 35 of this title shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition to damages for any other breach of such contract, the sum of $10 per day for each male person under sixteen years of age or each female person under eighteen years of age, or each convict laborer knowingly employed in the performance of such contract, and a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of such contract; and, in addition, the agency of the United States entering into such contract shall have the right to cancel same and to make open-market purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of said contract set forth in section 35 of this title may be withheld from any amounts due on any such contracts or may be recovered in suits brought in the name of the United States of America by the Attorney General thereof. All sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: Provided, That no claims by employees for such payments shall be entertained unless made within one year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America.
(June 30, 1936, ch. 881, § 2, 49 Stat. 2037.)
Section Referred to in Other Sections
This section is referred to in section 43a of this title; title 25 section 450j.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 36. Liability for Contract Breach; Cancellation; Completion by Government Agency; Employee’s Wages," U.S. Code, Title 41, Public Contracts in U.S. Code, Title 41, Public Contracts (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed October 11, 2024, http://www.originalsources.com/Document.aspx?DocID=CR8WGEW45K1MEPW.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 36. Liability for Contract Breach; Cancellation; Completion by Government Agency; Employee’s Wages." U.S. Code, Title 41, Public Contracts, in U.S. Code, Title 41, Public Contracts, Washington, D.C., Government Printing Office, 2002, Original Sources. 11 Oct. 2024. http://www.originalsources.com/Document.aspx?DocID=CR8WGEW45K1MEPW.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 36. Liability for Contract Breach; Cancellation; Completion by Government Agency; Employee’s Wages' in U.S. Code, Title 41, Public Contracts. cited in 2002, U.S. Code, Title 41, Public Contracts, Government Printing Office, Washington, D.C.. Original Sources, retrieved 11 October 2024, from http://www.originalsources.com/Document.aspx?DocID=CR8WGEW45K1MEPW.
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