Nolan Brothers, Incorporated v. The United States

ON DEFENDANT’S REQUEST FOR REVIEW OF THE TRIAL COMMISSIONER’S ORDER

DAVIS, Judge.

The claimant, Nolan Brothers, Incorporated, undertook in August 1962 to construct for the Corps of Engineers two rock jetties out into the Gulf of Mexico from Matagorda Peninsula in Texas. The contract price ultimately amounted to some nine million dollars. In March 1964, when about one-third of the work was done, the defendant exercised its contract right to terminate performance for the Government’s convenience. The contractor did not contest this action but submitted, under the convenience-termination article,…