Opinion · Supreme Court of the United States
Wood v. United States
Wood v. United States, 258 U.S. 120 (1922)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1922-02-27
- Topic
- general
How later courts describe this case
- holding that no-damages-for-delay clause barred contractors from recovering damages for delays caused by government
Citator
UpLaw has not yet analyzed Wood v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 23 opinions
WOODv. UNITED STATES,258 U.S. 120(1922)
42 S.Ct. 209
WOOD ET AL., TRADING AS PHILADELPHIA STEAM HEATING COMPANY,v. UNITED
STATES.
APPEAL FROM THE COURT OF CLAIMS.
No. 100.
Argued January 20, 1922.
Decided February 27, 1922.
APPEAL from a judgment of the Court of Claims rejecting a
claim for damages arising from suspension of work under
claimants' contract.
The work was entered upon promptly both at the factory in Philadelphia and at Washington. About a month thereafter the Secretary of the Treasury requested suspension of certain work, in view of contemplated changes, and notified the contractor that he would be entitled to "one day additional for each day's delay caused by the Government, as provided for by your contract." Radical changes in plan were made. There was a suspension for ten months of part of the work which had to be done in the building; and later another suspension was ordered. The whole work was not completed until eighteen months after the expiration of the contract period. This delay was attributable mainly, if not wholly, to the Government. To recover for the expenses and loss which resulted from this delay, as well as for extra work, this suit was brought in the Court of Claims. Judgment was entered for the value of the extra work; but the court, following its decision inMerchants' Loan Trust Co. v.United States, 40 Ct. Clms. 117, denied recovery for damages due to the suspension.
The appeal to this court was taken before our decision inWells Brothers Co. v.United States,254 U.S. 83. There the contract gave to the United States in terms "the right of suspending the whole or any part of the work." The absence of such a provision in the contract here under consideration is mainly relied upon to distinguish this case. But here, as there, the contract providedPage 122that no claim shall be made or allowed for any damages which may arise out of any delay caused by the United States. Suspension by the Government is one of several possible causes of delay — and not an uncommon one.
Moreover, when the contractor was first directed to suspend work, he replied: "We are not objecting to this, but we desire to call the department's attention to the matter in order that we may be entitled to extra time should we be unable to complete the work within the time named in our contract." So far as appears no protest was ever made against the prolonged suspension; nor was there any claim made of a right to damages arising therefrom until it was asserted in this suit.Affirmed.