The Law of Government Contracts

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Ronald Press Company, 1919 - 300 lappuses
 

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Caution Necessary as to Implied Contracts
31
Declarations of Emergency Must be in Writing 36 Quartermaster Has No Authority to Contract for Indefinite and Uncertain Amounts or Quantities
32
WHEN A CONTRACT WILL BE IMPLIED Continued
33
When Private Property Is Used
34
Property Taken Without Occupation
35
Implied Contract Distinguished from Tort 42 When Property Is Received and Used Payment
36
Determination of Amount to be Recovered 44 Evidence of Contract 45 Recent Decisions on Implied Contracts
37
Measure of Recovery
38
THE IMPLIED CONTRACTS TO PAY FOR USE OF PATENTS
40
When Property Is Appropriated Compensation Is Implied 49 Condition of the Law Prior to 1910
41
Statutory Protection for Owners of Patents 51 The Act Protecting Patentees Construed
42
THE IMPLIED CONTRACT TO PAY FOR GOODS COMMAN DEERED
44
What Is Just Compensation?
45
Just Compensation for Merchandise
46
Part IIIPerformance
49
ASSIGNMENT OR TRANSFER OF CONTRACT
51
Assumption of Control by Receiver Is Not an As signment
54
Leases of Property May be Transferred 62 The Government May Recognize the Assignment
55
Prohibitory Statutes
56
Financing the Contract Is Not an Assignment
57
Partnership Changes Are Not Forbidden
58
Agreement With Sureties Is Not Illegal
59
Changes by Proper Officer Valid as Implied Con tracts
60
Changes Must be Agreed to by Both Parties
61
Rulings as to Extra Work
63
Contractor Should Record Extra Costs
64
CONTRACTS FOR UNCERTAIN QUANTITIES OR INVOLVING UNKNOWN CONDITIONS 72 The Effect of Uncertainty
65
The Phrase More or Less
66
Permissible Variation in Quantity
67
Such Quantity as May be Required 76 Application of Rule to Building Contracts
68
Uncertainty Regarding Conditions to be Encoun tered 78 Rule as to Measurement in Building Embankment
69
Representations as to Conditions Without War ranty Not Binding
70
Specifications Are Binding 81 Contract Provisions Control
71
Measurements Are According to Custom 83 Presumption of Law as to Excess Work
72
TENDER OF PERFORMANCE 84 When Tender Should be Made 85 Reasons Excusing Tender
74
When Tender Is Required
75
Extension of Time of Performance
76
Express and Implied Extensions 89 Acts of Government Constituting Implied Exten
77
sion Unavoidable and Other Causes of Delays
78
Rule of Law as to Time Limit
79
CONSTRUCTION OR INTERPRETATION OF CONTRACTS 92 General Provisions
80
Contracts Partly Written and Partly Printed 94 Construction by the Parties
81
Other Rules of Construction 96 Correspondence a Guide to Correcting Ambiguity
82
Acts of Parties as Basis for Interpretation
83
CHAPTER PAGE 98 Clerical Error Is Not Binding 99 Contract and Specifications Irreconcilable Con tract Is Void
84
Trade Usage or Custom
85
APPROVAL OF PERFORMANCE BY OFFICER OR BOARD OF SURVEY
86
Decision of Board if Invoked Is Final
88
Decision of Designated Officer Is Binding 105 Agents Judgment Must be Exercised Reasonably
89
Government Is Bound by Decision of Its Officers
90
The Inspection Officer Should be Clearly Desig nated
91
Certificate of Approval Necessary to Recovery 109 Approval Not to be Given in Advance of Accep tance
92
Defects Apparent After Acceptance
93
Conclusions to be Drawn
95
The Burden of Notifying the Inspecting Officer 113 Apparent and Latent DefectsFinality of Officers Decision
96
Latent Defects
98
DISPUTES AND COMPROMISES
100
Ruling by the Comptroller
101
STATUTORY PROTECTION OF MATERIAL MEN AND LABORERS
103
Illustrative Cases
104
Further Interpretation of
106
Part IVBreach
107
WHAT CONSTITUTES BREACH
109
Rules of Acceptance Made After the Contract 126 Breach by the United States
110
Effect of Failure of One Party to Perform
121
Anticipatory Breaches of Contract
122
Grounds for Rescission
123
Termination of Contract by Government
124
Default by Contractor
125
When the Contractor Is Entitled to Damages The Measure of Damages
127
The Case of War Contracts
129
The Treatment of Informal Contracts
130
Arbitration and Award 146 Not All Agreements to Arbitrate Bind
132
Conditions Precedent to Suit 148 What Agreements Will be Sustained
133
What Agreements Will Not be Sustained
134
Result of Abandonment by Contractor DAMAGES
135
153 Principles Generally Governing
137
Loss Due to Delay Suspension or Abrogation
139
Increased Cost of Labor and Materials Following Delay 156 Cost of Inspection Owing to Contractors Delay
140
Decrease in Contract Quantity
141
Recovery of Prospective Profits 159 When Prospective Profits Are Not Allowed
142
Exceptions to the Rule as to Prospective Profits 161 Distinction Between Penalties and Liquidated Damages
143
Illustrative Cases
144
Statute as to Contracts of Treasury Department 164 Reletting Contract After Default Withheld Pay ments as Security
147
Governments Right to Withhold Percentages
149
BONDS AND SURETIES 166 Payment of Sureties Performing Work After De fault
151
New Contract by Surety After Default 168 Cases on Sureties
152
CHAPTER PAGE Part VProcedure
155
STATUTORY REQUIREMENTS FOR ADVERTISEMENT
157
Necessity of Advertisement 172 Exceptions to the Rule
159
Personal Service 174 Immediate Delivery
160
Public Exigency
161
Military Emergency
162
The Time Element Important 178 Discretionary Powers
164
Other Exceptions
165
Contractor Need Not Advertise 181 Manner of Advertising
166
Various Methods
167
Proposals Addressed to Those Competent to Per form
168
Effect of Modification of Contract on Suretys
169
Opening of Bids and the Award
170
Right to Modify or Withdraw
171
Irresponsible Bidder May be Rejected
172
Bid Must Conform to Advertisement and Specifi cations
173
When Award Is Not a Contract
174
When Award Is a Contract
175
Notice of Award Must Actually Reach Bidder
176
REFORMATION FOR MISTAKE IN BID
178
Rescission for Error of One Party
179
PAGE
180
Opposite Opinions of AttorneyGenerals
181
Contractor Must Exercise Great Care
182
Liability
183
APPROVAL OF SUPERIOR OFFICER
184
Express Approval Should be Secured
185
Ratification by Acquiescence
186
Power of Subordinate Officers to Contract
187
Approval as Distinguished from Ratification
188
FORMAL WRITTEN CONTRACTS
190
Emergency Contracts to be Filed 207 Purpose of the
191
Complete Contract Must be Signed
192
PROCEDURE TO SECURE PAYMENT
201
Requirements Contractor Should Remember
209
CGOVERNMENTAL
216
137
228
56
284
151
285
74
292

Citi izdevumi - Skatīt visu

The Law of Government Contracts
Robert Preston Shealey
Pilnskats - 1919
The Law of Government Contracts
Robert Preston Shealey
Pilnskats - 1927
The Law of Government Contracts
Robert Preston Shealey
Pilnskats - 1927

Bieži izmantoti vārdi un frāzes

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Bibliogrāfiskā informācija

NosaukumsThe Law of Government Contracts
AutorsRobert Preston Shealey
IzdevējsRonald Press Company, 1919
Oriģināls noŅujorkas publiskā bibliotēka
Digitalizēta6.8.2008
Apjoms300 lappuses
  
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