James McHugh Construction Co. v. State

This is an action by the claimant, a general contractor, to recover $78,000.00 in penalties assessed against it as liquidated damages by respondent for failure to complete a pier cell construction contract on time.

The facts show that on August 14, 1963, claimant entered into a contract with The Department of Public XVorks and Buildings to construct eight cells for the protection of future bridge piers over the Chicago and Sanitary Ship Canal. The contract provided for completion by December 2, 1963, or, “on or before a later date determined as specified herein; otherwise, the Department shall…