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United States v. Howard P. Foley Co., Inc., 329 U.S. 64 (1946)

United States v. Howard P. Foley Co., Inc.

No. 50

Argued October 25, 1946

Decided November 25, 1946

329 U.S. 64


1. Under the government construction contract here involved, for installation of lighting of the runways of an airport, the Government was not liable for damages for delay in making the runways available to the contractor, though the delay prevented completion within the specified time, since the contract did not obligate the Government expressly or impliedly to make the runways available promptly, it contained provisions anticipating delays caused by the Government and providing remedies other than an award of damages to the contractor, and no fault actually was chargeable to the Government. Pp. 329 U. S. 66-67.

Page 329 U. S. 65

2. The fact that no other contractor was involved in this case does not require a result different from that reached in Crook Co. v. United States, 270 U. S. 4, and United States v. Rice, 17 U. S. 246. P. 329 U. S. 68.

105 Ct.Cl. 161, 63 F.Supp. 209, reversed.

Respondent brought suit in the Court of Claims upon a contract and was awarded a judgment against the United States. 105 Ct.Cl. 161, 63 F.Supp. 209. This Court granted certiorari. 327 U.S. 777. Reversed, p. 329 U. S. 69.

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