UNITED STATES V. MOORMAN, 338 U. S. 457 (1950)

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U.S. Supreme Court

United States v. Moorman, 338 U.S. 457 (1950)

United States v. Moorman

No. 97

Argued December 6, 1949

Decided January 9, 1950

338 U.S. 457


Specifications attached to and made a part of a government construction contract on the standard form provided that, "if the contractor considers any work demanded of him to be outside the requirements of the contract," he could appeal to the head of the department, "whose decision or that of his duly authorized representative shall be final and binding upon the parties to the contract."

Held: the Court of Claims may not review an administrative decision made under this provision. Pp. 338 U. S. 458-463.

1. Contractual provisions for the settlement of disputes have long been used by the Government and sustained by this Court, are not forbidden by Congress, and should not be frustrated by judicial "interpretation" of contracts. Pp. 338 U. S. 460-462.

2. Regardless of whether the dispute in this case involved a question of fact or a question of law, it was within the ambit of the clear language of the provision for the final administrative settlement of such disputes. Pp. 338 U. S. 462-463.

113 Ct.Cl. 159, 82 F.Supp. 1010, reversed.

The Court of Claims reviewed a decision of the head of a department as to the scope of the work required of a contractor under a standard form of government construction contract and awarded the contractor a money judgment for additional compensation. 113 Ct.Cl. 159, 82 F.Supp. 1010. This Court granted certiorari. 338 U.S. 810. Reversed, p. 338 U. S. 463.

Page 338 U. S. 458

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