58 Ct. Cl. 1 | Ct. Cl. | 1922
delivered the opinion of the court:
The plaintiff claims to be entitled to compensation under an implied contract. Its claim was presented to the Secretary of War under the provisions of the act of March 2,1919, 40 Stat. 1272, known as the Dent Act, and was disallowed. It comes to this court under section 2 of the Dent Act.
A written contract was made between the plaintiff and the United States whereby the former agreed to furnish labor and materials and do work of construction and repair at Camp Pike, Ark., such as would be ordered from time to time, in writing, within six months from the date of the contract in accordance' with drawings and specifications to be furnished by the contracting officer, “ and subject in every detail to his supervision, direction, and instruction.” The contracting officer was authorized to make changes in the
The method of authorizing and ordering the work was as follows: The War Department, or the division in charge, would prepare and forward to the constructing quartermaster (the officer in charge at the site of the work) letters authorizing the construction or repair of designated work (these authorizations being known to the parties as “ L. A. •C.”). Upon their receipt, or when in his judgment it was suitable, the constructing quartermaster would notify the -contractor of the authorization, and then, or afterwards, would give an order for the authorized work to proceed or ■be done. When the contract time expired, and, in fact, before it had expired, it was apparent that a large amount of •the work that was estimated for remained to be done. Authorizations had issued for construction in some instances that had not been followed by orders to proceed, and some orders to proceed had been issued which could not be complied with by June 30. In this state of affairs the contractor naturally objected to going forward with the work and the ■outlay incident thereto without some definite arrangement ■regarding his reimbursement and compensation. He made protest to the proper authorities in Washington. He was ••assured that a supplemental contract to take care of the
It thus appears that the plaintiff was reimbursed for all expenditures whether made before June 30 or between June 30 and August 22 or after August 22, the date of the new contract. He received the maximum compensation fixed under the first and supplemental contracts and the amount due under the terms of the new contract, but he claims he has not been compensated on account of work done between June 30 and August 22. Whether he is entitled to compensation for work or expenditures during that period is the principal question in the case. We are clearly of the opinion that the contractor is entitled to compensation, based upon the amount of expenditures that were duly ordered after June 30, the date the written contract expired, and before August 22, the date the new contract was made. During this period a large amount of work was done. No question was made at any time about the authority under which the plaintiff proceeded with the work during this period. It had been duly authorized; it was authoritatively ordered to be done; it was performed by plaintiff, and he was reimbursed for his expenditures. Neither the expenditures between June 30 and August 22 nor plaintiff’s com
We think there is no merit in the plaintiff’s contention that work authorized and ordered prior to July 1 may, in some instances, have been carried over until after that date. The contract fixed a maximum fee to be paid for work or expenditures ordered within the period covered by it, and plaintiff is, of course, bound by his contract. The work done after August 22, regardless of when it was authorized or ordered, was paid for under the contract of that date.
The plaintiff should have judgment for the amount ($7,725.00), ascertained as stated, to be due. And it is so ordered.