McShain Co. v. United States

The contract in this case provided that the contracting officer should ascertain the facts and the extent of the causes of delay and his findings of facts “shall be final and conclusive.” The contracting officer was the architect of the capitol and he did make a finding of fact that the contractor had been unavoidably delayed by unforeseen events beyond his control and without fault or negligence. The Comptroller General subsequently decided that the contractor was liable for 9% days’ delay and deducted liquidated damages in the sum of $1,662.50. Neither fraud nor bad faith is alleged or…