Hugo Black

“ Were this a matter of first impression, we would again come to the same conclusion regarding this clause. It seems wholly reasonable that 'an increase or decrease in the amount due' should be met with an alteration of price, and that 'an increase or decrease * * * in the time required' should be met with alteration of the time allowed; for 'increase or decrease of cost' plainly applies to the changes in cost due to the structural changes required by the altered specification and not to consequential damages which might flow from delay taken care of in the 'difference in time' provision. ”

“ The provision as to time serves the large purpose of removing from persons in the position of respondent liability for 'delay' beyond the stipulated date for which they might otherwise have their contract terminated or might be required to pay liquidated damages without fault. ”

“ If there are right to recover damages there the government exercises its reserved power to delay, they must be found in the particular provisions fixing the rights of the parties.
II. Two of the Judges of the Court of Claims thought consequential damages resulting from delay were recoverable under paragraphs 4 and 3 of the contract. These paragraphs [1] deal with colsely related problems. Article 3, entitled 'Changes', governs the procedure under which the goverment may alter the specifications of the contract for general causes. ”