Louis Brandeis

“ The contractor contends that the government's refusal to adopt the modification proposed relieved him from the obligation under the guarantee. The contention is unsound. He entered into a contract plain and comprehensive in terms. There was no finding of mutual mistake, or of fraud, misrepresentation, or concealment on the part of the government or any of its officers or employees. Under such circumstances, the contractor cannot be relieved from an obligation deliberately assumed. ”

“ If the provision for liquidated damages is not to govern, it must be either because, as matter of public policy, courts will not, under the circumstances, give it effect (even as a defense) or, because in spite of the explicit finding, no day's delay can, as matter of law, be chargeable to the contractor, where the government has caused some delay. Neither position is tenable. ”

“ In construction contracts a provision giving liquidated damages for each day's delay is an appropriate means of inducing due performance, or of giving compensation, in case of failure to perform, and courts give it effect in accordance with its terms. ”