
    WEEHAWKEN DRY DOCK CO. v. THE UNITED STATES
    [No. C-977.
    Decided May 28, 1928]
    
      On the Proofs
    
    
      Contract for reconstruction of vessel; liquidated damages; delays and interference by Government. — See Weehawken Dry Dock Co. v. United States, ante, p. 662.
    
      The Reporters statement of the case:
    
      Mr. Jesse C. Adkins for the plaintiff. Mr. Clarence W. De Knight was on the briefs.
    
      Mr. George Dyson, with whom was Mr. Assistant Attorney Generad Herman J. Galloway, for the defendant. Mr. Don M. Jackson was on the brief.
    The court made special findings of fact, as follows:
    I. Plaintiff is a corporation created by and existing under the laws of the State of New Jersey and at the times hereinafter stated was engaged in the business of building vessels by contract and of making repairs to all kinds of vessels, having its principal place of business at the foot of Baldwin Avenue, in the city or township of Weehawken, State of New Jersey.
    II. On the 28th day of March, 1919, plaintiff, the Wee-hawken Dry Dock Company, a corporation, entered into a contract with the United States of America represented by Captain William L. MacQuillan, Quartermaster Corps, United States Army, as contracting officer, whereby it undertook to furnish all necessary labor, material, equipment, and refit the S. S. Amphion, in accordance with specifications as contained in circular advertisement, M. & R. Schedule #328, dated March 26, 1919, thereto attached, at a total cost of $119,000, within 28 days from April 4, 1919, to wit, on or' before May 2, 1919. Delays not for the convenience of the Government nor due to acts of God were to cause a deduction in the contract price at the rate of $1,000 per day of delay. A copy of said contract, as Exhibit B, and a copy of the specifications governing same, as Exhibit A, were attached to plaintiff’s petition and are made a part hereof by reference.
    III. The said vessel was delivered by the Government to the plaintiff in the stream in front of plaintiff’s piers on April 4, 1919.
    IY. Supplementary to the said contract of March 28,1919, the plaintiff, on May 2, 1919, entered into a further contract with the United States of America, represented by Captain William L. MacQuillan, Quartermaster Corps, United States Army, as contracting officer, whereby it was agreed that the time limit for completion of the work should be extended from May 2 to May 7, 1919. A copy of said supplemental contract was attached to plaintiff’s petition as Exhibit C and is made a part hereof by reference.
    Y. On the same date, to wit, May 2, 1919, the plaintiff entered into a further contract with the United States of America, represented by Captain William L. MacQuillan, Quartermaster Corps, United States Army, as contracting officer, whereby it undertook to furnish labor, material, and equipment necessary to make additional repairs on the S. S. Amplvion, in accordance with certain specifications thereto attached, for the additional sum of $8,510.80. This work was to be begun on said date of May 2 and to be completed May 12, 1919. A copy of said contract, together with the itemized proposal accompanying same, was attached to plaintiff’s petition as Exhibit D and is made a part hereof by reference.
    YT. A further contract as of the same date, to wit, May 2, 1919, was entered into between the plaintiff and the United States of America, represented by Captain William L. Mac-Quillan, Quartermaster Corps, United States Army, as contracting officer, by which the plaintiff undertook to furnish labor, material, and equipment necessary to make further repairs in accordance with specifications to said contract attached, for the total sum of $1,200. The said work was to be begun by May 12, 1919, and to be completed by May 15, 1919. A copy of said agreement was attached to plaintiff’s petition as Exhibit E and is made a part hereof by reference.
    VII. Under date of May 8, 1919,. a further contract was entered into between the plaintiff and the United States of America represented by Captain William L. MacQuillan, Quartermaster Corps, United States Army, as contracting officer, whereby the plaintiff undertook to furnish labor, material, and equipment necessary to make additional repairs in accordance with certain specifications attached to said contract for the total sum of $580. The said work was to be begun by May 8, 1919, and to be completed May 13, 1919. A copy of said contract was attached to plaintiff’s petition as Exhibit E and is made a part hereof by reference. •
    VIII. The plaintiff completed the items of repair named in the original contract of March 28,1919,1 days beyond the time fixed in the extension agreement of May 2,1919, and as a result thereof the defendant deducted from the said contract price the sum of $7,000 as liquidated damages.
    IX. At the time of the delivery of the Amphion to the plaintiff, the said vessel was dirty, full of dunnage, ashes, trash, and filth. Approximately 5 days were required to put the ship into condition fit to have workmen engaged thereon. A further delay was experienced because of the presence of provisions belonging to the Shipping Board, together with a crew occupying quarters which made it impossible for the workmen to obtain access to certain of the compartments. Further delays were experienced because of the failure on the part of the defendant to deliver on time certain berths, clips, jack chains, service-station equipment, steam-cooking utensils, ovens, butcher blocks, meat grinders, ice machines, steam press, operating table, and steam sterilizer.
    
      X. But for the failure of the Government to furnish said materials and supplies when required, and but for the fact that the said vessel was delivered in a condition not fit to start work immediately, and but for the defendant’s failure to give the plaintiff full access to all of the ship compartments, the plaintiff could and would have completed the said work and delivered the vessel within the contract time.
    XI. At the time when the repairs to the vessel were otherwise completed, the defendant ordered the plaintiff to install 9 additional ventilators, which it did at an added expense in the following particulars:
    52 men — 11 hours each — 572 hours at 900 per hour_ $514. 80
    9 ventilators, average cost $40 each_ 360. 00
    Paint and hardware for same_ 36.00
    910. 80
    Overhead 20%_ 182.06
    1 foreman_ 10. 00
    1,102.86
    The court decided that plaintiff was entitled to recover.
   Moss, Judge,

delivered the opinion of the court:

This case was argued and submitted with two other cases between the same parties, C-941 and C-942. The opinion in C-942, decided as of this date, is applicable to the issues involved herein. Under the ruling of the court in that case plaintiff is entitled to recover the sum of $7,000 deducted by the Government as liquidated damages from payments due plaintiff. It is further entitled to recover the sum of $1,102.86 for work and labor done in the installation upon said S. S. Amphion of nine ventilators not included in the original contract herein. See Finding XI.

Plaintiff is entitled to recover the sum of $8,102.86, and it is so adjudged and ordered.

Greek, Judge; Graham, Judge; and Booth, Chief Justice, concur.  