A-12024, JANUARY 19, 1926, 5 COMP. GEN. 494

A-12024: Jan 19, 1926

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LIQUIDATED DAMAGES - COMPUTATION OF DAYS OF DELAY WHILE IT IS A GENERAL RULE THAT IN LEGAL CONTEMPLATION THERE ARE NO FRACTIONAL DAYS. THE DAY ON WHICH AN ACT IS DONE MUST BE ENTIRELY INCLUDED OR EXCLUDED. IN COMPUTING THE AMOUNT OF LIQUIDATED DAMAGES TO BE ASSESSED UNDER A CONTRACT FOR THE FURNISHING OF PHOTOGRAPHIC COPIES OF PATENT DRAWINGS WHERE THE CONTRACT WAS PERFORMED IN THE DISTRICT OF COLUMBIA AND THE WORK WAS TO BE COMPLETED IN TWO SECULAR DAYS. SUNDAYS AND SATURDAY HALF HOLIDAYS ARE TO BE EXCLUDED IN DETERMINING THE DUE DATE AS WELL AS THE PERIOD OF DAY. UNDER A LIQUIDATED-DAMAGE CONTRACT "SECULAR DAYS" ARE CONSTRUED TO MEAN THE SAME THING AS . IN WHICH CREDIT WAS DISALLOWED FOR $400.

A-12024, JANUARY 19, 1926, 5 COMP. GEN. 494

CONTRACTS, LIQUIDATED DAMAGES - COMPUTATION OF DAYS OF DELAY WHILE IT IS A GENERAL RULE THAT IN LEGAL CONTEMPLATION THERE ARE NO FRACTIONAL DAYS, AND THE DAY ON WHICH AN ACT IS DONE MUST BE ENTIRELY INCLUDED OR EXCLUDED, THIS RULE MAY BE ALTERED OR MODIFIED EITHER BY CONTRACT OR A SPECIFIC PROVISION OF LAW. IN COMPUTING THE AMOUNT OF LIQUIDATED DAMAGES TO BE ASSESSED UNDER A CONTRACT FOR THE FURNISHING OF PHOTOGRAPHIC COPIES OF PATENT DRAWINGS WHERE THE CONTRACT WAS PERFORMED IN THE DISTRICT OF COLUMBIA AND THE WORK WAS TO BE COMPLETED IN TWO SECULAR DAYS, SUNDAYS AND SATURDAY HALF HOLIDAYS ARE TO BE EXCLUDED IN DETERMINING THE DUE DATE AS WELL AS THE PERIOD OF DAY, SATURDAY AFTER 12 O-CLOCK NOON BEING A LEGAL HALF HOLIDAY IN THE DISTRICT OF COLUMBIA. UNDER A LIQUIDATED-DAMAGE CONTRACT "SECULAR DAYS" ARE CONSTRUED TO MEAN THE SAME THING AS ,WORKING DAYS.'

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 19, 1926:

MR. J. B. CALLAHAN, CHIEF DISBURSING CLERK, DEPARTMENT OF THE INTERIOR, HAS REQUESTED REVIEW OF SETTLEMENT NO. C-29614-I, DATED AUGUST 14, 1925, IN WHICH CREDIT WAS DISALLOWED FOR $400, BEING THE AMOUNT ALLEGED TO HAVE ACCRUED AS LIQUIDATED DAMAGES FOR DELAY IN DELIVERIES OF CERTAIN ORDERS FOR PHOTOGRAPHIC COPIES OF PATENT DRAWINGS, ETC., DELIVERED IN JULY AND AUGUST, 1924, UNDER CONTRACT DATED JUNE 10, 1924, BETWEEN THE COMMISSIONER OF PATENTS AND THE COMMERCIAL PHOTO CO., PAYMENT FOR SUCH DELIVERIES HAVING BEEN MADE WITHOUT DEDUCTION OF LIQUIDATED DAMAGES ON VOUCHERS 3980, AUGUST, 1924, AND 6628, SEPTEMBER, 1924.

IN ARTICLE 4 OF THE CONTRACT THE CONTRACTOR AGREED "TO FILL ALL ORDERS AND MAKE DELIVERIES OF PRINTS WITHIN TWO (2) SECULAR DAYS AFTER THE RECEIPT OF ANY ORDER OR ORDERS BY HIM.' IN ARTICLE 7 THE CONTRACTOR RECEIPT OF ANY ORDER OR ORDERS BY HIM.' IN ARTICLE 7 THE CONTRACTOR AGREED, IN THE EVENT OF FAILURE TO COMPLETE ANY ORDER OR REQUISITION WITHIN THE TIME STATED,"TO PAY TO THE GOVERNMENT IN EACH INSTANCE FOR EACH AND EVERY SECULAR DAY AFTER THE DATE FIXED FOR THE COMPLETION OF THE WORK ON SUCH ORDER OR REQUISITION THE SUM OF TEN DOLLARS ($10.00).'

THE WORDS "SECULAR DAYS" AS USED IN THE CONTRACT IN THE INSTANT CASE ARE SYNONYMOUS WITH ,WORKING DAYS" AND IN COMPUTING THE DAYS OF DELAY BEYOND THE TIME FIXED FOR DELIVERIES SUNDAYS AND LEGAL HOLIDAYS ARE TO BE EXCLUDED. 2 COMP. GEN. 322; 5 ID. 87.

IN DETERMINING THE DELAY DAYS FOR WHICH LIQUIDATED DAMAGES SHOULD BE DEDUCTED THE DAY UPON WHICH THE TIME LIMIT EXPIRES IS TO BE EXCLUDED AND THE DAY OF COMPLETION IS TO BE INCLUDED. 24 COMP. DEC. 49.

THERE ARE NO FRACTIONAL DAYS IN LEGAL CONTEMPLATION AS A GENERAL RULE AND THE DAY ON WHICH AN ACT IS DONE MUST BE ENTIRELY INCLUDED OR EXCLUDED, LOUISVILLE V. PORTSMOUTH SAVINGS BANK, 104 U.S. 169; MCGILL V. U.S. BANK, 12 WHEAT. (U.S.) 511. BUT THIS RULE MAY BE ALTERED OR MODIFIED EITHER BY CONTRACT OR A SPECIFIC PROVISION OF LAW.

THE CONTRACT UNDER CONSIDERATION HAVING BEEN PERFORMED IN THE DISTRICT OF COLUMBIA AND THE LAW PROVIDING (SEE SECTION 1389 OF THE DISTRICT OF COLUMBIA CODE) THAT "EVERY SATURDAY, AFTER 12 O-CLOCK NOON," SHALL BE A HOLIDAY "FOR ALL PURPOSES," SUCH SATURDAY HALF HOLIDAYS ARE TO BE EXCLUDED IN DETERMINING THE DUE DATE AND THE DELAY PERIOD UNDER A CONTRACT WHICH PROVIDES, AS IN THE INSTANT CASE, THAT THE WORK SHALL BE COMPLETED IN A SPECIFIED NUMBER OF "SECULAR DAYS" OR ,WORKING DAYS" AND THAT LIQUIDATED DAMAGES ARE TO BE DEDUCTED FOR EACH SECULAR OR WORKING DAY'S DELAY THEREAFTER. 1 COMP. GEN. 552.

APPLYING THE RULES HEREIN REFERRED TO LIQUIDATED DAMAGES ACCRUED UNDER THE CONTRACT IN QUESTION FOR DELAYS IN DELIVERY AS SHOWN BY THE FOLLOWING TABLE:

TABLE

SUNDAYS NUMBER

ORDER REQUISITION NO. WORK AND DAYS OF DAMAGES DELIVERED

RETURNED HOLIDAYS DELAY

1924 JULY 3 7-8-9 ---------- JULY 8 1 1/2 1 1/2 $45 JULY 11 24-25-26 ---- --- JULY 15 1 1/2 1/2 15 JULY 15 33 ------------- JULY 18

0 1 10 JULY 18 42-43-44 ------- JULY 22, 1 1/2 1/2 15 JULY 25 60-61-62 -- ----- JULY 28 1 1/2 0 --------- AUG. 1 78-79-80 ------- AUG. 5 1 1/2 1/2 15 AUG. 8 96-97-98 ------- AUG. 12 1 1/2

1/2 15 AUG. 12 105-106-107 ---- AUG. 15 0 1 30 AUG. 15 114-115-116 ---- AUG. 19 1 1/2 1/2 15 AUG. 22 132-137, INC --- AUG. 26

1 1/2 1 1/2 90 AUG. 29 150-151-152 ---- SEPT. 3 1 1/2 2 60

310

ACCORDINGLY, UPON REVIEW A DIFFERENCE OF $90 IS CERTIFIED FOR CREDIT IN THE DISBURSING CLERK'S ACCOUNTS, THE DISALLOWANCE TO THE EXTENT OF $310 BEING SUSTAINED.