Plumley v. United States - 226 U.S. 545 (1913)


U.S. Supreme Court

Plumley v. United States, 226 U.S. 545 (1913)

Plumley v. United States

Nos. 35, 36

Argued December 9, 1912

Decided January 6, 1913

226 U.S. 545

Syllabus

Where a contract for government work provides that, in case of discrepancies between the specifications and the contract, the matter shall be referred to the secretary of the department making the contract, and the contractor agrees to abide by his decision in the premises, the construction given by the secretary and his decision is final and conclusive.

Where a contract for government work provides that in every instance changes must be made by a prescribed method and approved by the secretary, the contractor cannot recover for extras not ordered in the manner prescribed, and this rule holds even in a hard case where, as in this instance, the work was extra, and of value.

Where the contractor fails to notify the secretary of the cause of delay on the part of the government in the manner prescribed by the contract, and thus enable the Secretary to remove the cause of delay, the contractor cannot recover for the delay caused.

43 Ct.Clms. 266 reversed in part.

The facts, which involve the construction of a contract for government work, are stated in the opinion.



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