Cannon Construction Company, Inc., Ed. J. Kearns, Company, Incorporated v. The United States

JONES, Chief Judge.

This is a suit to recover damages in the amount of $81,000 for breach of a government contract to rehabilitate an Army hospital. The amount claimed is alleged to have been the loss of profit sustained as the result of Government delays in performance of work under the contract and is in addition to a sum (designated as out-of-pocket losses) previously awarded as an equitable adjustment under the contract’s “Suspension of Work” clause. Defendant contends that the equitable adjustment was an accord and satisfaction of plaintiffs’ losses from delays and precludes further…