National Concrete Fireproofing Co.

Court of Claims

National Concrete Fireproofing Co.

153 Ct. Cl. 693, 1961 U.S. Ct. Cl. LEXIS 95, 1961 WL 1549

CourtUnited States Court of Claims

DecidedApril 14, 1961

DocketNo. 343-58

StatusPublished

This text of 153 Ct. Cl. 693 (National Concrete Fireproofing Co.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Concrete Fireproofing Co., 153 Ct. Cl. 693, 1961 U.S. Ct. Cl. LEXIS 95, 1961 WL 1549 (cc 1961).

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Opinion

Contract; subcontractor’s claim; Contract Settlement Act; Armed Forces Procurement Act. — Plaintiff, a subcontractor of Kaiser Aluminum and Chemical Corporation, the prime contractor under a contract with the United States Air Force, sues to recover damages allegedly incurred in connection with change orders and a stop order issued to the prime contractor and on account of which plaintiff claims its costs were increased. Plaintiff completed its subcontract, received payment and executed a receipt and release in which it waived all claims against the United States and the prime contractor. Defendant disputed plaintiff’s right to recover on the grounds that no privity of contract existed between defendant and plaintiff; that no grounds exist for implying a contract between plaintiff and defendant; that the contract is governed by the Armed Services Procurement Act of 1947, 62 Stat. 21, and not, as claimed by plaintiff, by the Contract Settlement Act of 1944, as amended (41 U.S.C. §§ 113, 114 and 117 (a)), and that in any event the claim, if any, is barred by the terms of plaintiff’s receipt and release. The case was submitted to the court without argument on defendant’s motion for summary judgment. On April 14, 1961, the court ordered that the petition be dismissed on the ground that plaintiff’s petition failed to state a claim for which relief could be granted.

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Contract; subcontractor’s claim; Contract Settlement Act; Armed Forces Procurement Act. — Plaintiff, a subcontractor of Kaiser Aluminum and Chemical Corporation, the prime contractor under a contract with the United States Air Force, sues to recover damages allegedly incurred in connection with change orders and a stop order issued to the prime contractor and on account of which plaintiff claims its costs were increased. Plaintiff completed its subcontract, received payment and executed a receipt and release in which it waived all claims against the United States and the prime contractor. Defendant disputed plaintiff’s right to recover on the grounds that no privity of contract existed between defendant and plaintiff; that no grounds exist for implying a contract between plaintiff and defendant; that the contract is governed by the Armed Services Procurement Act of 1947, 62 Stat. 21, and not, as claimed by plaintiff, by the Contract Settlement Act of 1944, as amended (41 U.S.C. §§ 113, 114 and 117 (a)), and that in any event the claim, if any, is barred by the terms of plaintiff’s receipt and release. The case was submitted to the court without argument on defendant’s motion for summary judgment. On April 14, 1961, the court ordered that the petition be dismissed on the ground that plaintiff’s petition failed to state a claim for which relief could be granted.

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Bluebook (online)

153 Ct. Cl. 693, 1961 U.S. Ct. Cl. LEXIS 95, 1961 WL 1549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-concrete-fireproofing-co-cc-1961.

Opinion

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