 | United States. Court of Claims - 1946 - 906 pages
...paragraph 32 thereof, or in the schedule of the advertisement, and the contractor and his sureties (if any) shall be liable for the amount thereof: Provided,...unforeseeable causes beyond the control and without the fault or negligence of the contractor, * * * 32. Liquidated Damages. Unless otherwise specified in... | |
 | United States. Court of Claims - 1939 - 836 pages
...received by the defendant. SECOND CAtJSE OF ACTION Article 9 of the contract is in part as follows : Provided, That the right of the contractor to proceed...unforeseeable causes beyond the control and without the fault or negligence 0r the contractor, including, but not restricted to, acts of God * * *. The contract... | |
 | United States. Court of Claims - 1948 - 886 pages
...to assess liquidated damages for delay in completing the work and contained the following proviso : Provided, That the right of the contractor to proceed...unforeseeable causes beyond the control and without the fault or negligence of the con552 Reporter's Statement of the Case tractor, including, but not restricted... | |
 | United States. Court of Claims - 1936 - 940 pages
...accepted the amount as set forth in the specifications or accompanying papers and the contractor and his sureties shall be liable for the amount thereof: Provided,...because of any delays in the completion of the work Reporter's Statement of the Case due to unforeseeable causes beyond the control and without the fault... | |
 | United States. Court of Claims, Audrey Bernhardt - 1950 - 824 pages
...delays resulted from certain specified causes stated in Article 9 of the contract as follows : * * * the right of the contractor to proceed shall not be...unforeseeable causes beyond the control and without the fault or negligence ol the contractor, including, but not restricted to, acts of God, or 114 C. Cls.... | |
 | United States. Court of Claims - 1946 - 936 pages
...of the contract referred to in the section of the specifications just quoted was as follows: * * * Provided, That the right of the contractor to proceed...completion of the work due to unforeseeable causes 104 C. CU. Reporter's Statement of the Caie beyond the control and without the fault or negligence... | |
 | United States. Court of Claims, Audrey Bernhardt - 1958 - 1004 pages
...extensions as required under Article 9 of the contract. This article reads in part as follows : * * * Provided, That the right of the contractor to proceed...because of any delays in the completion of the work * * * if the contractor shall within 10 days from the beginning of any such delay * * * notify the... | |
 | United States. Court of Claims - 1942 - 818 pages
...— (Excerpt from) "Provided, That the right of the contractor to proceed shall not be determinated or the contractor charged with liquidated damages...unforeseeable causes beyond the control and without the fault or negligence of the contractor." The above quotation would be a very fair one to apply to our... | |
 | United States. Court of Claims - 1943 - 906 pages
...* * * liquidated damages for each calendar day of delay," but with the proviso that he shall not be "charged with liquidated damages because of any delays...unforeseeable causes beyond the control and without the fault or negligence of the contractor * * *." The contracting officer's findings are challenged by... | |
 | United States. Court of Claims, Audrey Bernhardt - 1951 - 840 pages
...accepted the amount as set forth in the specifications or accompanying papers and the Contractor and his sureties shall be liable for the amount thereof: Provided,...Contractor to proceed shall not be terminated or the Con941207 — 51 21 "" " Plndlngi of Fact tractor charged with liquidated damages because of any delays... | |
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Provided, That the right of the contractor to proceed shall not be terminated or the contractor charged with liquidated damages because of any delays in the completion of the work due to unforseeable causes beyond the control and without the fault or... 
