SOUTHWEST ENGINEERING CO. V. UNITED STATES
341 F.2d 998, cert. denied 382 U.S. 819 (1965)
NATURE OF THE CASE: This was an appeal from a summary judgment. Southwest (P) appealed an order of summary judgment dismissing its complaint against United States (D) for recovery of money withheld as liquidated damages for delay in performance of construction contracts.
FACTS: Southwest (P) entered into four contracts to construct radio facilities for the United States (D). Each of the contracts fixed a completion date and provided for liquidated damages on a per diem basis of $100 per day on one project and $50 per day on the other three. All four projects were finished late. The parties stipulated that even though late, D suffered no actual damages on any project. P sued D to recover holdbacks totaling $8,300. D moved for summary judgment and it was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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