Robinson v. United States, 261 U.S. 486 (1923)

Robinson v. United States

No. 335

Argued March 16, 1923
Decided April 9, 1923
261 U.S. 486

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. Stipulations in construction contracts obliging the contractor to pay liquidated damages for each day’s delay are appropriate means of inducing due performance and of affording compensation in case of failure to perform, and are to be given effect according to their terms. P. 488.

2. Where a public building contract obliged the contractor to pay liquidated damages for each day’s delay not caused by the government, and delays were attributable to both parties, held that the government was entitled to the damages for the part of the delay specifically found by the Court of Claims to have been due wholly to the fault of the contractor. Id.

3. Where defects in a building result partly from the character of materials expressly required by the building contract and partly from the fault of the contractor, the fact that the contractor pointed out the unsuitability of the material specified and suggested a substitute, after the contract was made, does not relieve him of the obligation to repair the defects under his guaranty of the condition of the work for a stated period after its acceptance. P. 489.

57 Ct.Clms. 7 affirmed.

Appeal from a judgment of the Court of Claim sustaining, in part only, the appellant’s claim for moneys due under a building contract.