About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

18 Mil. L. Rev. 3 (1962)
Judicial and Non-Judicial Remedies of a Government Contractor

handle is hein.journals/milrv18 and id is 9 raw text is: JUDICIAL AND NON-JUDICIAL REMEDIES OF A GOVERNMENT CONTRACTOR * BY LIEUTENANT COLONEL JOHN F. GOODMAN, JR.* I. INTRODUCTION It was early decided that the United States Government has a right to enforce the performance of its contracts, or recover dam- ages for their violation, by bringing suit in its own name.' On the other hand, suits against the United States for breach of con- tract may not be brought without specific statutory authority, which of course results from the application of the doctrine of sovereign immunity which is strictly construed.2 Isn't this a gross inequity? Before this question can be answered let us exam- ine where the United States has consented to be sued and what other remedies, non-judicial or administrative, it has granted its aggrieved contractors.3 II. JUDICIAL REMEDIES A. CLAIMS FOR CREDIT Title 28 of the United States Code, Section 2406, provides: In an action by the United States against an individual, evidence sup- porting the defendant's claim for a credit shall not be admitted unless he The opinions and conclusions expressed herein are those of the author and do not necessarily represent the views of The Judge Advocate General's School or any other governmental agency. ** JAGC, U.S. Army; Chief, Procurement Law Division, Judge Advocate General's School, U.S. Army; LL.B., 1948, Baylor University; Member of the Texas Bar and the Bars of the U.S. Supreme Court and the U.S. Court of Military Appeals. 1 Dugan v. United States, 16 U.S. (8 Wheat.) 172 (1818). Suit may be instituted in a United States District Court (28 U.S.C. § 1345 (1958)) without regard to the amount in controversy (United States v. Sayward, 160 U.S. 493 (1895); United States v. Johnson, 102 F.Supp. 818 (D.N.D. 1952)) or the citizenship of the defendant (United States v. City of Salamanca, 27 F.Supp. 541 (N.D.N.Y. 1939)) or suit may be brought in a state court (United States v. Jacobs, 100 F. Supp. 189 (N.D. Ala. 1951)). 2 Lynch v. United States, 292 U.S. 571 (1934) ; Minnesota v. United States, 305 U.S. 382 (1939). In the latter case the Supreme Court held that a federal court acquired no jurisdiction of a cause removed from a state court that lacked jurisdiction, even though the removal was effected on petition of the United States and the stipulation of the United States attorney. United States v. Shaw, 309 U.S. 495, 500 (1940). 3 A contractor also may-under certain circumstances--obtain relief under the provisions of Public Law 85-804, 50 U.S.C. §§ 1431-35, as implemented by Exec. Order No. 10789, 23 Fed. Reg. 8897 (1958) and departmental regula- tions. However, this area is beyond the scope of this article. 4GO 6363B

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most