Noel Construction Co. v. United States

Citations

• 50 Ct. Cl. 98
• 1915 U.S. Ct. Cl. LEXIS 141
• 1915 WL 1106

Syllabus

<p>On the Proofs and Defendants’ Motion.</p> <p>This suit is for alleged damages resulting from a contract entered into by tbe plaintiff with the Government for the construction of the officers’ mess building at the Naval Academy, Annapolis. A settlement was had between the parties, the plaintiff reserving the right to institute a suit in the Court of Claims covering the items set out in the petition filed herein, the officers of the Government consenting to or accepting said reservation.</p> <p>I. It is a well-established rule of law that in construing a contract, if possible, effect should be given to all its provisions and where that can not be done, owing to the provisions being contradictory, the contract in that particular fails, and the parties must resort to the common-law rule in such cases,</p> <p>II. Where the contractor is advised by the other party to execute what upon its face would be a final release, and save his rights by inclosing it in a letter explaining it to be otherwise, it must be held that such release is not binding and does not release the claim thus reserved.</p> <p>III. When the Government takes no decisive action on the contractor’s applications for extensions of time for the completion of the contract work until after the work is completed and accepted, the legal effect of the action taken by the Government is to give the contractor a reasonable time for that purpose.</p> <p>IV. When there is no breach of the contract on the part of the contractor there can be no damages assessed against him, whether a paragraph of the specifications be construed as providing for a penalty or liquidated damages.</p>