John Hessin Clarke

“ Here is a plain and unrestricted covenant on the part of the contractor, comprehensive as words can make it, that it will not make any claim against the government 'for any damages which may arise out of any delay caused by the United States' in the performance of the contract, and this is emphasized by being immediately coupled with a declaration by the government that if such a claim should be made it would not be allowed. ”

“ The appellant, a corporation organized under the laws of New York, and engaged in the general building and construction business, entered into a written contract with the United States for the construction of a post office and courthouse building in New Orleans, dated September 30, 1909, for which it was to be paid $817,000, but its bond for performance was not approved until 9 days later, on October 9 ”

“ Given its plain meaning it is fatal to the appellant's claim.
Men who take $1,000,000 contracts for government buildings are neither unsophisticated nor careless. Inexperience and inattention are more likely to be found in other parties to such contracts than the contractors, and the presumption is obvious and strong that the men signing such a contract as we have here protected themselves against such delays as are complained of by the higher price exacted for the work. ”