Opinion

Houdaille Industries, Inc. v. United States

  • 151 F. Supp. 298
  • 138 Ct. Cl. 301
  • 1957 U.S. Ct. Cl. LEXIS 71
Court
United States Court of Claims
Filed
May 8, 1957
Status
Published
Author
Whitaker
On the bench
Jones, Chief Judge, and Littleton, Whitaker, Madden and Laramore, Judges
Cited by
8 cases

The opinion

WHITAKER, Judge (dissenting in part).

The original contract called for production of classified materials during a period of 11 months beginning February 1, 1944. Under the authority granted the contracting officer by article XXXIV of the contract, the scope of the contract was extended from time to time to call for a total of 8,796,000 units, and the time for its performance was extended to February 28, 1946.

But, before February 28,1946, the contract was changed again, this time, on December 29, 1945, so as to cease production of further units, and to put the plant in standby condition, so that production of further units could be resumed when desired. This requirement to put the plant in standby condition was a new requirement, not theretofore incorporated in the contract.

Then, on February 6, 1946, a little over a month later, the contract was again changed to provide for the completion of certain listed operations, and the contract period was extended to May 31, 1946. This was three months later than its prior completion date of February 28, 1946.

All of the changes were agreed to in writing by plaintiff.

The amended contract was completed according to its terms and full settlement was made, except for the costs now in suit.

There was, therefore, no termination of the contract. As changed, it was completed.

It had been extended four times to increase the number of units to be produced and to extend the time for its performance. In reducing the number of units to be produced, the contracting officer was acting pursuant to the same contractual authority he had exercised when he increased the number to be produced. He was exercising the same authority when he directed the contractor to put the plant in standby condition. And he was exercising the same authority when he extended the term of the contract to a date beyond the last previous expiration date, to permit completion of certain listed operations.

This is not a case where a contract was unexpectedly terminated in the midst of its performance, thus disrupting the plans of the contractor and leaving it with materials and equipment on hand for which it had no further use. It was a change made in the work to be performed, which required, not a shortening of the contract time, but an extension of it.

In my opinion, it does not come within the terms of the termination provisions of the Contract Settlement Act, supra, but, rather, under the “changes” article of the contract, as recognized by the con *314 tractor’s agreement to all the changes made.

For the reasons stated, I do not think the contractor is entitled to interest; otherwise I concur.

JONES, Chief Judge, concurs on foregoing dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.