Merritt-Chapman & Scott Corporation v. The United States

ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

This Wunderlich Act suit was referred to Trial Commissioner Louis Spector for preparation and filing of his opinion and recommended conclusion of law. The commissioner has done so in a report dated February 25, 1970. The Government has requested review. The plaintiff supports the commissioner’s report. The case has been submitted to the judges on oral argument and briefs. We agree with Commissioner Spector.

Wholly apart from the Suspension of Work clause, it is established that under the Changes and…