Court of Claims, 1936

McShain Co. v. United States

Court of Claims · Decided May 4, 1936 · Booth, Geeen, Littleton, Whalev, Williams

83 Ct. Cl. 405; 1936 U.S. Ct. Cl. LEXIS 244; 1936 WL 2922

Counsel

Mr. Prentice E. Edrington for the plaintiff., Mr. 0. Keefe Hurley, with whom was Mr. Assistant Attorney General James W. Morris, for the defendant.

Cases that cite this one

10 later published cases cite this decision.

S&E Contractors, Inc. v. United States (Supreme Court of the United States 1972)
S & E Contractors, Inc. v. The United States (Court of Claims 1970)
Southwestern Engineering Co. (Court of Claims 1971)
C. J. Langenfelder & Son, Inc. v. The United States (Court of Claims 1965)
C. J. Langenfelder & Son, Inc. v. United States (Court of Claims 1965)
Leeds & Northrup Co. v. United States (District Court, E.D. Pennsylvania 1951)
James Graham Mfg. Co. v. United States (United States District Court for the Northern District of California 1950)
General Contracting Corp. v. United States (Court of Claims 1942)
John McShain, Inc. v. United States (Court of Claims 1939)
McShain Co. v. United States (Court of Claims 1938)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Whalev, Judge,

delivered the opinion of the Court:

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 proven. This court and the Supreme Court by numerous decisions have held there is no going behind the decision of the contracting officer when the contract provides that “his finding of facts therein shall be final and conclusive on the parties thereto.” The action of the Comptroller General was without legal authority. Kihlberg v. United States, 97 U. S. 398; United States v. Gleason, 175 U. S. 588; Sun Shipbuilding & Dry Dock Co., *41076 C. Cls. 154; Penn Bridge Co. v. United States, 59 C. Cls. 892; Carroll v. United States, 76 C. Cls. 103, where all the cases are fully reviewed; Albina Marine Iron Works Inc. v. United States, 79 C. Cls. 714.

The plaintiff is entitled to recover the sum of $1,662.50. It is so ordered.

Williams, Judge; Littleton, Judge; Geeen, Judge; and Booth,t Chief Justice, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.