The Law of Government Contracts

Robert Preston Shealey

J. Byrne, 1927 - 434 halaman

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CHAPTER PAGE I GOVERNMENT AND INDIVIDUAL CONTRACTS COMPARED AND DISTINGUISHED	3

United States as a Sovereign and as a Contractor	7

United States as a Contractor Practical Applica tion by the Courts	9

Excessive Price	11

Negligence of Public Officials	16

SetOffs and Counterclaims	18

Rescission	19

CONTRACTS CLASSIFIED 127	21

WHAT CONSTITUTES BREACH 133 How Breach Arises 134 Acts of Government Which Do Not Constitute	171

Breach Rules of Acceptance Made After the Contract Breach by the United States	173

Breach by the Contractor	177

Waiver of Breach	178

Impossibility of Performance as Excuse for Non Performance	180

Act of God Is Legal Excuse	181

Rules Laid Down by Supreme Court	183

Consequence of Performance Being Prevented by One of Parties	184

Written and Oral or Parol Contracts	24

WHEN A GOVERNMENT CONTRACT IS VALID	25

Validity as Affected by Statute	26

Application of Statute to Contracting Officer	28

Construction of Act by Court of Claims	29

Cases Where the Validity of the Contract is Ques tioned 20 Where Limit of Cost Is Not Fixed	30

Statutes Fixing Limit of Cost	32

Where Contracts Are Implied	34

Authority May be Inferred from Duties of Officer	36

Appointment of Agents	37

1 Negotiable Paper Not Accepted 26 2 Unauthorized Acts Cannot Establish Usage 27 3 How the Executive Authority May Be Exer cisedEffect of Re...	38

4 Enemy Contracts Are Void 29 5 Recitation of Facts Not Material Does Not Invalidate 30 6 Warning of Lack of Authority Has Weight	40

CHAPTER PAGE 31 7 Refusal of Superior to Contract Binding on Inferior Officers 32 8 No Implied Contract Exists Where Express One Would be ...	41

Part IIImplied Contracts	43

TORTS AS DISTINGUISHED FROM IMPLIED CONTRACTS	45

Implied Contracts 36 United States Not Liable for Tortious Acts of Its Officers	47

Action for Wrong Done by Agent Not Maintain able Against Government	48

Tortious Acts Recoverable by Suit	49

Fraudulent Taking by Officer and Recovery Therefor	51

Moral Claims Cognizable by Congress 41 Trespass by Government AgentThreatened or Actual	52

When Acceptance is Presumed and Recovery Allowed	54

Caution Necessary as to Implied Contracts	56

Declarations of Emergency Must be in Writing 45 Quartermaster Has No Authority to Contract for Indefinite and Uncertain Amounts or Quantities	57

WHEN A CONTRACT WILL BE IMPLIED	58

Measure of RecoveryImplied Contracts Relating to Personalty	61

Implied Contracts Relating to Real Estate 50 SameWhen Private Property is Used	63

Property Taken Without Occupation 52 Unjust Enrichment Not Applicable to Government 53 Taking by Government Regulations	69

Voluntary Service 55 Evidence of Contract	71

THE IMPLIED CONTRACT TO PAY FOR USE OF PATENTS 1242	72

When Property is Appropriated Compensation is Implied 58 Condition of the Law Prior to 1910	73

The Act Protecting Patentees Construed	74

IMPLIED CONTRACT TO PAY FOR GOODS COMMANDEERED AND COMPENSATION	77

What is Just Compensation?	78

Just CompensationCommandeering Vessels	79

Just Compensation for Merchandise	81

Part IIIPerformance	83

ASSIGNMENT OR TRANSFER OF CONTRACT 65 Prohibitory Statutes	85

Financing the Contract PAGE 85 67 Acquisition of Contract by Reorganization	87

Section 3737 Revised Statutes	88

Leases of Property May Be Transferred 70 The Government May Recognize the Assignment	90

ALTERATIONS AND MODIFICATIONS 71 The Right to Alter 72 Oral Modifications	92

Need of Caution	93

Changes Permissible Without Readvertisement	94

Approval of Officer Designated in Contract Required	95

Changes by Proper Officer Valid as Implied Con tracts	96

Changes Must be Agreed to by Both Parties	97

Rulings as to Extra Work	99

Contractor Should Record Extra Costs	100

CONTRACTS FOR UNCERTAIN QUANTITIES OR INVOLVING UN KNOWN CONDITIONS 80 The Effect of Uncertainty	101

The Phrase More or Less	102

Permissible Variation in Quantity	105

Such Quantity as May be Required	106

Application of Rule to Building Contracts	107

Uncertainty Regarding Conditions to be Encountered 86 Rule as to Measurement in Building Embankment	108

Representations as to Conditions Without Warranty Not Binding	109

Representations as to Conditions Constituting War ranty	111

Specifications Are Binding	114

Measurements Are According to Custom 91 Presumption of Law as to Excess Work	115

Performance Under Coercion by Government Officers	116

TENDER OF PERFORMANCE 93 When Tender Should be Made 94 Reasons Excusing Tender	118

When Tender Is Required	119

Extension of Time of Performance	120

Express and Implied Extensions 98 Acts of Government Constituting Implied Extension	121

Unavoidable and Other Causes of Delays	122

Rule of Law as to Time Limit	123

CONSTRUCTION OR INTERPRETATION OF CONTRACTS 101 General Provisions	125

Contracts Partly Written and Partly Printed 103 Construction by the Parties	127

Other Rules of Construction	128

Correspondence a Guide to Correcting Ambiguity	129

Acts of Parties as Basis for Interpretation	130

Clerical Error Is Not Binding 108 Contract and Specifications Irreconcilable Contract Is Void	131

Trade Usage or Custom PAGE	132

APPROVAL OF PERFORMANCE BY OFFICER OR BOARD OF SURVEY	133

Decision of Board if Invoked Is Final	135

Decision of Designated Officer Is Binding	136

Agents Judgment Must be Exercised Reasonably	137

Government Is Bound by Decision of Its Officers	138

The Inspection Officer Should be Clearly Designated	139

Certificate of Approval Necessary to Recovery	140

Approval Not to be Given in Advance of Acceptance	141

Defects Apparent After Acceptance	142

Conclusions to be Drawn	143

The Burden of Notifying the Inspecting Officer 122 Apparent and Latent DefectsFinality of Officers Decision	144

Latent Defects	146

92	149

Principles of Compromise	152

Ruling by the Comptroller	153

Compromises as Result of Mistake	154

STATUTORY PROTECTION OF MATERIAL MEN AND LABORERS	156

Public Work Defined	157

Illustrative Cases	158

Further Interpretation of	166

Part IVBreach	169

CANCELLATION OR ABANDONMENT OF CONTRACTS 144 Agreement to Terminate 145 Repudiation by One Party	185

Effect of Failure of One Party to Perform	187

Anticipatory Breaches of Contract	188

Grounds for Rescission	189

Termination of Contract by Government	190

Default by Contractor	191

When the Contractor Is Entitled to Damages	193

The Measure of Damages	194

The Case of War Contracts	195

The Treatment of Informal Contracts	198

Interpretation of Act by Courts	200

Arbitration and Award 157 Not All Agreements to Arbitrate Bind	202

Conditions Precedent to Suit	203

What Agreements Will be Sustained 160 What Agreements Will Not be Sustained 161 Estimating Profits Upon Abandonment by Sub contractor	204

Breach by Government Justifies Abandonment 163 Result of Abandonment by Contractor	205

DAMAGES 164 Principles Generally Governing	208

Loss Due to Delay Suspension or Abrogation	211

Increased Cost of Labor and Materials Following Delay	213

Cost of Inspection Owing to Contractors Delay	214

Decrease in Contract Quantity 169 Recovery of Prospective Profits	215

171	216

Exceptions to the Rule as to Prospective Profits 173 Distinction Between Penalties and Liquidated	221

Damages Illustrative Cases	223

Statute as to Contracts of Treasury Department 176 Reletting Contract After Default Withheld Pay ments as Security	226

Governments Right to Withhold Percentages	228

BONDS AND SURETIES 178 Payment of Sureties Performing Work After De fault	231

New Contract by Surety After Default	232

101	233

Effect of Modification of Contract on Suretys Liability	234

Part VProcedure	237

CHAPTER PAGE XX STATUTORY REQUIREMENTS FOR ADVERTISEMENT	239

GovernmentOwned Corporations	240

Emergency Contracts	244

Necessity of Advertisement 186 Exceptions to the Rule	245

Personal Service 188 Immediate Delivery 189 Public Exigency	246

Military Emergency	248

The Time Element Important	249

Discretionary Powers	250

Other Exceptions	251

Contractor Need Not Advertise 195 Manner of Advertising	252

Various Methods	253

Proposals Addressed to Those Competent to Perform	254

BIDS	255

Opening of Bids and the Award 201 Opening of Bids	256

PAGE	258

Irresponsible Bidder May be Rejected	259

Bid Must Conform to Advertisement and Specifi cations	261

When Award Is Not a Contract 206 When Award Is a Contract	262

Notice of Award Must Actually Reach Bidder	264

REFORMATION FOR MISTAKE IN BID	266

Rescission for Error of One Party	267

Reformation and Rescission	268

Opposite Opinions of AttorneyGenerals	270

Contractor Must Exercise Great Care	271

APPROVAL OF SUPERIOR OFFICER	273

When Approval Is Implied 216 Express Approval Should be Secured	274

Ratification by Acquiescence	275

Power of Subordinate Officers to Contract	276

Approval as Distinguished from Ratification	277

FORMAL WRITTEN CONTRACTS	279

Emergency Contracts to be Filed 222 Purpose of the	280

185	281

CHAPTER PAGE 224 Requirements Contractor Should Remember 225 Consequence of Failure to Obey	282

Quantum Meruit Quantum Valebat Cases Illus trating	283

Act Applies to Emergency Contracts Not Advertised 228 Object of Act to Guide in Its Interpretation	284

118	285

Formal Contract Must Follow Accepted Proposal	286

Common Law Rule vs Government Contract	287

Need of Caution by Contractor 234 Summary	289

PROCEDURE TO SECURE PAYMENT	290

Settlement of Claims Not Exceeding 1000	292

Laches and Limitations	294

JurisdictionStrict Interpretation of Statute	296

War Emergency Legislation 242 Relief for Moral Claims	297

Arbitration	298

Federal Employees Compensation	299

ATTORNEYS AND THEIR RELATIONS TO GOVERNMENT CONTRACTS 320	300

Acts of Congress Limiting Amount of Contingent Fees	302

208	303

APPENDIX	305

General Accounting Office	307

Statutes of General Application	313

Treasury Department	335

District of Columbia Purchases In and For	342

Commerce Department of	345

Labor Department of	347

War Department	351

125	358

Navy Department	373

Interior Department of	385

Agriculture Department of	388

Post Office Department	389

231	410

Edisi yang lain - Lihat semua

The Law of Government Contracts
Robert Preston Shealey
Tampilan utuh - 1919

The Law of Government Contracts
Robert Preston Shealey
Tampilan utuh - 1927

Istilah dan frasa umum

15 Comp accepted action advertisement agent agreed agreement amount apply appropriation approval arising authority bidder binding bond breach building charge cited claimant compensation complete Comptroller Congress constitute construction contract price contractor Corp cost court held Court of Appeals Court of Claims decided decision default delay delivery District of Columbia dredging engineer entered entitled ernment executive departments express fact final settlement fraud furnish government contracts government officers government-owned corporations implied contract inspection June 15 liable limited liquidated damages Luckenbach S. S. Co material matter ment Navy owner party payment performance person plaintiff principle purchase quantity reasonable recover recovery refused rendered Revised Statutes rule Savage Arms Secretary Secretary of War specifications subcontractor suit supplies supra Supreme Court surety thereof tion tort tract tractor transaction Treasury Tucker Act United valid void written contract

Bagian yang populer

Halaman 303 - All purchases and contracts for supplies or services, in any of the Departments of the Government, except for personal services, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service.‎

Muncul dalam 356 buku dari 1851-2003

Halaman 328 - ... shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of the United States in the circuit court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in controversy in such suit, and not elsewhere, for his or their use and benefit, against said contractor and his sureties, and to prosecute the same to final judgment and execution...‎

Muncul dalam 139 buku dari 1880-1999

Halaman 312 - Houses thereof, with intent to influence his decision or action on any question,, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit...‎

Muncul dalam 381 buku dari 1829-2004

Halaman 323 - Every claim against the United States, cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives as provided Ъу law, within six years after the claim first accrues...‎

Muncul dalam 268 buku dari 1848-2007

Halaman 307 - No contract or purchase on behalf of the United States shall be made unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, or transportation, which, however, shall not exceed the necessities of the current year.‎

Muncul dalam 342 buku dari 1860-2006

Halaman 310 - It is also further agreed that no Member of or Delegate to Congress, or Resident Commissioner, after his election or appointment, or either before or after he has qualified, and during his continuance in office...‎

Muncul dalam 297 buku dari 1904-1990

Halaman 315 - Columbia, is hereby limited and restricted to eight hours in any one calendar day. and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency.‎

Muncul dalam 175 buku dari 1776-1991

Halaman 328 - ... has been prosecuted, that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, shall be furnished with a certified copy of said contract and bond, upon which said person or persons supplying such labor and materials shall have a right of action...‎

Muncul dalam 117 buku dari 1852-1999

Halaman 378 - Hereafter the purchase of supplies and the procurement of services for all branches of the Army service may be made in open market, in the manner common among business men, when the aggregate of the amount required does not exceed five hundred dollars ; but every such purchase exceeding one hundred dollars shall be promptly reported to the Secretary of War for approval, under such regulations as he may prescribe.‎

Muncul dalam 81 buku dari 1875-1966

Halaman 316 - All claims founded upon the constitution of the United States or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract express or implied with the government of the United States...‎

Muncul dalam 357 buku dari 1843-2005

Informasi bibliografi

Judul	The Law of Government Contracts
Pengarang	Robert Preston Shealey
Edisi	2
Penerbit	J. Byrne, 1927
Tebal	434 halaman

Ekspor Kutipan	BiBTeX EndNote RefMan

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