46 Ct. Cl. 205 | Ct. Cl. | 1911
delivered the opinion of the court:
The claimant company entered into a contract with the defendants to construct the metal work for the North Head Light Station, Wash. The contract was dated September 10, 1896, approved October 15, 1896, notice of approval reaching claimant October 23, 1896, and required the completion of the work within four calendar months after the
The subject matter of the contract required a systemization of the work. The contract expressly required the claimant to first construct under the specifications the numerous details of the work, then assemble the various parts to be put together in their shops, and the completed work after inspection to be dismantled and forwarded by freight to its destination. The particularity required in the specifications is apparent. The various parts of the metal work required were to be so constructed that when assembled co-. ordinate pieces would dovetail into each other; and so careful were the defendants in this respect that they expressly stipulated the erection of the whole work in claimant’s shop subject to inspection before its delivery to the lighthouse station. Claimant proceeded with the work expeditiously and soon discovered errors in the specifications and blue prints, which admittedly precluded the construction of the work as contemplated by the contract. The nicety of detail in specifications and blue prints was imposed upon the defendants by the contract. Claimant had agreed to construct. the most vital part of a lighthouse station, viz, lantern and metal work appurtenant thereto in strict accord with defendants’ plans and specifications. Subsequent to the final delivery of the work the matter of delay in its completion was referred to the Lighthouse Board, and the finding of the board charges 38 days’ delay to the defendants and expressly recommends an apportionment of damages. The claimant upon application for payment of consideration mentioned in the contract meets with a deduction, irrespective of the board’s recommendation, which not only absorbs the whole contract price, but leaves claimant in default to the amount of $160 imposed under the liquidated-damage clause.
If the case presented the question of liquidated damages under the express agreement of the parties it would be one of easy solution. (United States v. Bethlehem, Steel Co., 205 U. S., 105.) The defendants, however, obligate the claimant
The authorities are harmonious in holding that the failure of one party to a contract to perform conditions upon which depend the execution of the contract by the other waives the stipulation as to time limit and charges the party not in fault to execute the contract within a reasonable time. The defendants accepted the finished work under this contract and are using it now. No attempt was made to avail themselves of the stipulations as to forfeiture, nothing appearing of record to indicate serious complaint on account of delay and absolutely no proof as to any damages resulting therefrom.
Claimant’s demand as to damages is excessive; the record does not sustain it in to.to. The claim for extra labor and
The time consumed in the final completion of the work was not unreasonable. It is quite apparent that the additions required because of the defendants’ errors discovered as the work progressed, would retard its completion and disarrange the systemization first adopted.
Judgment is awarded claimant for $4,840. It is so ordered.