J. L. Simmons Company, Inc. v. The United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that amendment asserting takings claim to complaint that alleged breach of contract related back to original filing date
• relying on United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59, 63 L.Ed. 166 (1918)
• performance type specifications set forth an objective or standard to be achieved and the successful bidder is expected to exercise his ingenuity in achieving that objective
• design specifications are explicit specifications which tell the contractor exactly how the contract is to be performed and from which no deviation is permissible, whereas performance type specifications set forth only an objective standard to be achieved
• describing extensive detail of “classic example” of design specifications
• “[I]n [design] specifications, the defendant set forth in precise detail the materials to be employed and the manner in which the work was to be performed, and plaintiff was not privileged to deviate therefrom, but was required to follow them as one would a road map.”

Source: CourtListener parenthetical corpus (CC0).