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UNITED STATES v. UTAH CONSTR. CO.

No. 440.

384 U.S. 394 (1966)

86 S.Ct. 1545

16 L.Ed.2d 642

UNITED STATES v. UTAH CONSTRUCTION & MINING CO.

Supreme Court of United States.

Decided June 6, 1966.

Attorney(s) appearing for the Case

Irving Jaffe argued the cause for the United States. On the brief were Solicitor General Marshall, Assistant Attorney General Douglas, David L. Rose and Robert V. Zener.

Gardiner Johnson argued the cause for respondent. With him on the brief were Thomas E. Stanton, Jr., Albert L. Reeves, Jr., J. G. Selway and Ronald Larson.

Ashley Sellers, Gilbert A. Cuneo and David V. Anthony filed a brief for Shimato Construction Co., Ltd., as amicus curiae, urging affirmance.

MR. JUSTICE WHITE delivered the opinion of the Court.

The typical construction contract between the Government and a private contractor provides for an equitable adjustment of the contract price or an appropriate extension of time, or both, if the government orders permitted changes in the work or if the contractor encounters changed conditions differing materially from those ordinarily anticipated. Likewise, it is provided that the contract shall not be terminated...

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