United States v. Brooks-Callaway Co.,
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318 U.S. 120 (1943)
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U.S. Supreme Court
United States v. Brooks-Callaway Co., 318 U.S. 120 (1943)
United States v. Brooks-Callaway Co.
Argued January 4, 1943
Decided February 1, 1943
318 U.S. 120
Under the proviso to Article 9 of the Standard Form of Government Construction Contract, which provides that the contractor shall not be charged with liquidated damages because of delays due to unforeseeable causes, including floods, the remission of liquidated damages is not warranted where the "flood" was not unforeseeable, but was due to conditions normally to be expected. P. 318 U. S. 122.
97 Ct.Cls. 689 reversed.
Certiorari, 317 U.S. 615, to review a judgment against the United States in a suit upon a contract.