J. E. Hathaway & Co. v. United States
249 U.S. 460 (1919)

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U.S. Supreme Court

J. E. Hathaway & Co. v. United States, 249 U.S. 460 (1919)

J. E. Hathaway & Co. v. United States

No. 255

Argued March 19, 20, 1919

Decided April 14, 1919

249 U.S. 460

Syllabus

A finding by the Court of Claims that a delay by the government in approving a contract was reasonable is a finding of ultimate fact, binding upon this Court unless made without evidence or inconsistent with other facts found. P. 249 U. S. 463.

Quaere whether unreasonable delay on the part of the government in approving a contract can entitle the contractor to an extension where the contract fixes a definite date for completion of the work?

Page 249 U. S. 461

Id.District of Columbia v. Camden Iron Works,181 U. S. 453, distinguished.

A provision for deducting, in addition to an amount fixed as liquidated damages, the expense of superintendence and inspection in case of failure to complete the work by the time specified will be enforced when clearly expressed in the contract. P. 249 U. S. 464.

A contention that sufficient credit of time was not allowed by the Government to the contractor for extra work held not reviewable in this Court, it not having been made in the Court of Claims. Id.

52 Ct.Clms. 267 affirmed.

The case is stated in the opinion.

Page 249 U. S. 462

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