Cases and Materials on Government ContractsHeadquarters, Department of the Army, 1962 - 567 sider |
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Side
... Default of the Contractor_ . 169 173 190 199 203 203 236 2. For the Convenience of the Government__ . 243 301 CHAPTER V. REMEDIES Section 1. Nonjudicial__ . 329 A. The Prime Contractor_ . 329 B. The Subcontractor_ . 357 C. The ...
... Default of the Contractor_ . 169 173 190 199 203 203 236 2. For the Convenience of the Government__ . 243 301 CHAPTER V. REMEDIES Section 1. Nonjudicial__ . 329 A. The Prime Contractor_ . 329 B. The Subcontractor_ . 357 C. The ...
Side 122
... default , and that purchase of these items would be made elsewhere , with the excess cost , if any , charged to the account of the contractor . By letter , dated January 17 , 1949 , defendant advised plaintiff that these items had been ...
... default , and that purchase of these items would be made elsewhere , with the excess cost , if any , charged to the account of the contractor . By letter , dated January 17 , 1949 , defendant advised plaintiff that these items had been ...
Side 143
... justification of such action . There is no charge of default against the Envelope Company , no charge of in- ability to perform its contract , except in a particular which we shall hereafter mention . There is , it is true , 143.
... justification of such action . There is no charge of default against the Envelope Company , no charge of in- ability to perform its contract , except in a particular which we shall hereafter mention . There is , it is true , 143.
Side 149
... default , but also liquidated damages for the delay in completion . Plaintiff says the defendant cannot assess liquidated damages where it has terminated the right of the original contractor to proceed . This is the issue presented ...
... default , but also liquidated damages for the delay in completion . Plaintiff says the defendant cannot assess liquidated damages where it has terminated the right of the original contractor to proceed . This is the issue presented ...
Side 160
... default on February 2 , 1956 , without proper cause . " 2. The Appellant's claim for the payment of $ 30,000 as compensation for lost profits is denied . " 3. The Appellant's claim for the payment of $ 60,000 as compensation for alleged ...
... default on February 2 , 1956 , without proper cause . " 2. The Appellant's claim for the payment of $ 30,000 as compensation for lost profits is denied . " 3. The Appellant's claim for the payment of $ 60,000 as compensation for alleged ...
Vanlige uttrykk og setninger
accepted action Administration agency agent agreement alleged amount appeal appellant's appellee applied Army Article ASBCA authority award bidder Board breach Brookridge certiorari claimant clause Clearfield Trust Co Company compensation Congress construction contract price contracting officer Corp counterclaim Court of Claims decision default defendant delay delivered the opinion delivery Department determination dispute District Court excess costs fact failure federal furnished Government contract Government's immunity issued J. C. Penney judgment jurisdiction Justice L.Ed labor lease liability liquidated damages materials ment obligation Outer Harbor paid parties payment performance petition petitioners Philadelphia Quartermaster Depot plaintiff Pollia procurement profit purchase pursuant Quartermaster question reason regulations repurchase respondent S.Ct Secretary Section Small Business Administration sovereign immunity specifications Stat statute subcontractor suit Supp supplies supra Supreme Court surety termination tion tract Tucker Act U.S. Ct United
Populære avsnitt
Side 27 - ... express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.
Side 273 - The rights and remedies of the Government provided in this clause shall not be exclusive and are In addition to any other rights and remedies provided by law or under this contract.
Side 85 - The case is here on a petition for a writ of certiorari which we granted because of the importance of the problem and the contrariety of views in the courts.
Side 111 - When immediate delivery or performance is required by the public exigency the articles or service required may be procured by open purchase or contract at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals.
Side 285 - ... by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.
Side 32 - A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.
Side 45 - Whatever the form in which the government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon...
Side 38 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Side 144 - States, that the measure of damages is the difference between the contract price and the market value of the...
Side 276 - ... unforeseeable causes beyond the control and without the fault or negligence of the contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes...