caused by careless handling, is not a part of the actual cost of removing such wreck. (6 Comp. Dec. 838, May 7, 1900.)

29-138. Liquidated damages, where reasonable, for delay in completing work under a contract. A provision in a contract for the payment by the contractor of liquidated damages for delay in the completion of the work provided for therein, where the amount stipulated is reasonable and it is clear that the parties intended it as liquidated damages, will be enforced. (8 Comp. Dec. 23, October, 22, 1901.)

29–139. Liquidated damages; delay caused by Government. Where, by the sole fault of the Government, a contractor is delayed in the completion of the work provided for in the contract he is not liable for damages for such delay. (8 Comp. Dec. 238, October 22, 1901.)

29-140. Deduction for delay regarded as penalty. Where a contract entered into for the construction of two buildings, to be completed at different times, the cost of one of which was much greater than that of the other, provided that a fixed sum should be deducted from the amount to be paid therefor for each day's delay in the completion thereof, from which delay the Government suffered no damage, the sum so fixed must be regarded as a penalty and not as liquidated damages. (8 Comp. Dec. 487, January 28, 1902.)

29-141. Provision in a contract for a penalty for delay. Where, in a contract for work to be done, provision is made for a penalty for each day's delay in completing the work, the term "penalty" will not be construed to be a provision for liquidated damages except upon the most cogent evidence that the parties had agreed upon the sum fixed as a measure of the damages that would be caused by the delay. (8 Comp. Dec. 646, March 17, 1902.)

29-142. Restriction as to actual damages. In the enforcement of a provision for a penalty for delay in completing work under a contract, inconvenience, disturbance, annoyance, litter, or noise, or all of these combined, are not ordinarily regarded as actual damages. (8 Comp. Dec. 646, March 17, 1902.)

29-143. Deduction from damages for delay in completing work under a contract. A contractor who failed to complete the repairs of a vessel within the time specified in the contract therefor, and became liable for the damages caused by his delay, is not entitled to a deduction therefrom of an amount saved by the Government in the cost of transportation by the use of another vessel instead of the one which he failed to have repaired in time. (8 Comp. Dec. 672, March 27, 1902.) 29-144. Liquidated damages as distinguished from actual damages. Where a contract for the construction of a dam expressly provided for the payment of liquidated damages for delay in completing the work, and expressly stipulated the amount of liquidated damages to be paid for each day's delay, the provision for liquidated damages will be enforced upon failure to complete the contract within the specified time, and the contractors will not be permitted to show that the Government was not actually damaged by the delay. (10 Comp. Dec. 605, February 15, 1904.) 29-145. Two buildings completed at different times; fixed damages construed as penalty. Under a contract for the construction of two buildings, to be completed at the same time, but at a different price for each, where neither of said

buildings was completed by the time specified, but were completed at different times thereafter, a provision in the contract for the payment of a fixed sum for each day's delay in the completion thereof will be construed as providing for a penalty, and enforced only to the extent of the actual damage to the United States by reason of the delay in completing the work. (11 Comp. Dec. 513, March 10, 1905.)

29-146. Liquidated damages; actual damage immaterial. Under a contract for the alteration and repair of a torpedo boat, fixing the loss to the United States for each day's delay after the time specified for completion at $50 per day, and providing that the same should be withheld from or paid by the contractor as liquidated damages, neither the statement of the contractor nor that of the agent of the Government entering into the contract to the effect that the period agreed upon was too short, that the default of the contractor had caused no loss to the Government, or that the subcontractors had failed to furnish labor and materials in conformity with the specifications, will release the contractor from his liability for such liquidated damages. (13 Comp. Dec. 853, June 13, 1907.)

29-147. Assessment of inspection costs; fair estimate acceptable. Where a contract provides that "any additional expense or other loss" incurred by the United States because of the failure of the contractors to complete the work by a certain time should be deducted from the amount otherwise due the contractor, and it is impracticable to determine the actual time an inspector was engaged in inspecting work during a period of delay subsequent to such time, a fair estimate of the time so engaged made by the proper officer of the Government may be accepted as a measure of the additional cost of inspection to the Government caused by the delay. (14 Comp. Dec. 33, July 31, 1907.)

29-148. Default of contractor and deduction of damages. Where a contract provides for a monthly payment to the contractor upon an estimation of the work done and that 10 per cent shall be retained from such payments until the work shall be completed and that "in case of default by the contractor said 10 per cent shall be and become the sole and absolute property of the United States," and the contractor after part performance of such contract voluntarily relinquishes the same because of his inabilty to complete it, such relinquishment is a default within the meaning of the contract, and such forfeiture is a penalty, and only so much thereof should be deducted as is necessary to compensate the United States for the damages suffered by reason of said default, including delay in completion of the work. (14 Comp. Dec. 203, October 10, 1907.)

29-149. Liquidated damages construed to be for a penalty. Where a contract provides for the performance of several independent pieces of work, the completion and use of no one of which is connected with or dependent upon the completion of either of the others, and one sum is specified to be deducted for each day's delay in completion of the work called for beyond the time specified therefor, such provision is a provision for a penalty and enforceable only to the extent of the actual damages sustained because of the delay, notwithstanding that the contract specifies that it is a provision for liquidated damages and not one for a penalty. (14 Comp. Dec. 617, March 24, 1908.)

29-150. Provision for liquidated damages and provision for a penalty contained in same contract. Where the printed form of a contract to be executed

contains a provision for liquidated damages for delay in completion of work except as to the amount thereof, and also in a subsequent article contains a provision for deduction of actual damages caused by such delay, and the parties in executing said contract insert in the blank left in the provision for liquidated damages the amount thereof, such provision is dominant and controlling, and the subsequent provision for deduction of actual damages is subordinate thereto and inoperative in so far as it conflicts therewith. (14 Comp. Dec. 704, April 16, 1908.)

29-151. Damages for default under contract for material. Where a contract for furnishing material provides that upon default of the contractor the Government may purchase such material elsewhere and charge the difference in cost thereof to the contractor as damages arising from such default, the Government may upon such default, without seeking for competition by readvertising or otherwise, purchase said material from the next lowest bidder at the higher price bid by him in competition with the original contractor, and, if it is not shown that by competitive or open-market purchase the material could have been procured at a lower price, the difference in cost may be charged to the original contractor as damages arising from his default. (14 Comp. Dec. 733, May 2, 1908.)

29-152. Same; liquidated damages. Where a contract provides for liquidated damages for delay in delivery of material and the contractor defaults and never delivers the material and the Government under another provision of the contract purchases the material elsewhere and charges the difference in price to the contractor as damages arising from his default, he can not be charged liquidated damages for the time elapsing between the date delivery by him was due and the date the contract was awarded for the purchase of the material elsewhere. (14 Comp. Dec. 733-734, May 2, 1908.)

29-153. Responsibility for damages arising from occupancy of public building prior to completion of work. Where a contract for painting, varnishing, and repairing the interior walls, ceilings, etc., of a public building provides that the contractor shall be responsible for the proper care and protection of all material delivered and work performed thereunder until the completion and final acceptance thereof, and, under direction of the proper officer of the Government and with the consent of the contractor, employees of the Government took possession of and occupied one of the rooms in said building subsequent to a partial completion of the work therein but prior to the completion and final acceptance thereof, the terms of the contract are thereby modified and the contractor is not responsible for damages by fire to the work in said room resulting from such occupancy, and additional compensation may be paid for replacing the damaged material and work under a new contract. (15 Comp. Dec. 83, August 11, 1908.)

29-154. "Additional cost of inspection" resulting from delay in delivery of supplies. Where a contractor delayed in making delivery of articles beyond a specified time, and during the period of delay the Government inspectors who made the inspection were also engaged in inspecting under other contracts of said contractor, not delinquent, and were not required by reason of the inspection of the delayed deliveries to be kept inspecting under the other contracts longer than if no delay had occurred, and the expense of such inspection was no greater than if no delay had occurred, the cost of the inspection of the delayed deliveries during the delay period was not "additional cost of inspection" resulting from the delay within the meaning of a pro

vision in the contract that "any additional cost of inspection" resulting from delay in delivery of the articles called for beyond a specified time should be deducted from the contract price, and deduction thereof is not authorized. (15 Comp. Dec. 103, August 27, 1908.)

29-155. Remission of cost of superintendence and inspection during delay by a contractor as a consideration for a compromise. Where a valid compromise of a disputed claim against the Government was entered into between the Government and the contractor and it was expressly agreed and stipulated that as a part of the consideration for said compromise the contractor should not be charged with the cost of superintendence and inspection during the delay in the completion of the work with which he was chargeable under the original contract, no deduction from the compromise price on account of the expense of such superintendence and inspection is authorized. (15 Comp. Dec. 190, September 30, 1908.)

29-156. Contract for payment of damages by Government. No officer of the Government has a right to bind it by contract for damages resulting from the negligence of its employees. (15 Comp. Dec. 405, January 4, 1909.)

29-157. Waiver of liquidated damages. Where a contract containing a provision for liquidated damages for delay in completion of the work therein included further provides that the deduction of such liquidated damages shall not be made where the head of department "is satisfied that such delay has been caused by the act of the party of the second part (the Government), or by circumstances, including fire, water, and strikes of employees, beyond the control of the party of the first part (the contractor)," the delay causes on account of which the liquidated damages may be waived are not restricted by those specifically named in the contract; and the Secretary of Agriculture having determined, under authority of such a provision for the waiver of liquidated damages in a contract for certain work under his department, that no deduction for damages for delay in completion of the contract should be made from the contract price, his decision upon the questions of fact involved is, in the absence of fraud or mistake, conclusive upon the accounting officers. (15 Comp. Dec. 421, January 13, 1909.)

29-158. Deduction of expenses and damages due to delay under contract completed by surety. Where the work included in an annulled contract was completed by the surety company on the defaulting contractor's bond under a proposition submitted by the surety company and accepted by the contracting officer to complete said work in accordance with the terms of the original contract, and there was a period of delay in completion during which the time limit was waived, the deduction of the expenses of inspection and superintendence and all other losses and damages to the United States due to said delay, as provided for in said original contract, from the amount due the surety company is authorized. (15 Comp. Dec. 444, January 18, 1909.)

29-159. Responsibility for consequent delays in other contracts. A contractor is not bound to know whether or not the party with whom he is contracting has other contracts which may be affected by a breach of his contemplated contract, and, in the absence of a contract provision fixing the liability upon a contractor for the consequences of his breach upon other contracts to which the Government may be a party or of a showing that the parties had in contemplation such a consequence

as a breach of contract with a third party, said contractor can not be held responsible for the consequences of a breach of another contract by the Government resulting from his delay in the completion of his contract. (15 Comp. Dec. 444, January 18, 1909.)

29-160. Deduction of costs of inspection during period of delay in completion of contract, conditions governing. In the absence of a provision in a contract that in case the contractor fails to perform within the time stated therein he shall be charged with the costs of inspection during the delay period, such costs are not chargeable against him if the inspection during the delay period in fact caused no loss to the Government. (15 Comp. Dec. 683, May 3, 1909.)

29-161. Amount of actual damages chargeable where contract attempts liquidation of damages. Where a clause in a contract relative to liquidated damages for delay in completion is construed as not enforceable as such, the clause is only referred to as a penalty in the sense that in its application to the subject matter of the contract it is not a proper liquidation of damages, but operates as a punishment of the contractors. Actual damages are, therefore, charged because of the breach of contract to deliver within the stipulated time, and they are chargeable without limitation to the amount named in the attempted liquidation of damages. (15 Comp. Dec. 701, May 7, 1909.)

29-162. Where the work provided for under a contract covers the construction of several separate and independent buildings, or the making of separate and independent repairs or improvements, and the contract contains a provision for the deduction of a stipulated amount as liquidated damages for each day's delay in the completion of the contract beyond the time therein agreed upon, the said amount to be prorated for each building, etc., in proportion to the contract price therefor, effect should be given to the intention of the parties by prorating the damages where the time of completion of each building, etc., is certain, and where the time of completion of any one or more of the buildings, etc., can not be definitely ascertained, damages at the agreed pro rata rate per day should be deducted, as a maximum of damages chargeable under said provision, for so much of the delay as can be ascertained. (15 Comp. Dec. 751, May 21, 1909.)

29-163. Delays resulting from mutual breach, apportionment of. If a contractor delays work on certain portions on which he might proceed and the Government was, at the same time, preventing the contractor from prosecuting work on a portion that the contractor was ready to proceed with, the consequent delay would be the result of a mutual breach and no attempt will be made to apportion the delays. (16 Comp. Dec. 197, October 2, 1909.)

29-164. Causes of particular delay determined. When, however, the causes of any particular delay may be determined and fixed as chargeable wholly to one or the other of the parties, the delays will be apportioned and the time for the completion of the whole work arrived at by such apportionment. (16 Comp. Dec. 197, October 2, 1909.)

29-165. Delay due to failure of Government to obtain land title. Where the Government fails to obtain title to certain lands upon which a portion of the contract work was to be performed, the delay thereby occasioned operates to extend the time