A-46191, DECEMBER 29, 1932, 12 COMP. GEN. 482

A-46191: Dec 29, 1932

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JUDGMENTS - CONTRACTS - DISTRICT OF COLUMBIA A JUDGMENT AGAINST THE DISTRICT OF COLUMBIA GROWING OUT OF A CONTRACT FOR CONSTRUCTION OF A SCHOOL BUILDING MAY BE PAID FROM THE APPROPRIATION FOR THE CONSTRUCTION OF THE BUILDING ONLY TO THE EXTENT THAT THE JUDGMENT IS IN PAYMENT OF THE PORTION OF THE CONTRACT PRICE DETERMINED BY THE JUDGMENT TO HAVE BEEN ERRONEOUSLY WITHHELD AS LIQUIDATED DAMAGES. WILL BE ACCEPTED IN FULL SATISFACTION OF THE JUDGMENT THE CONSTRUCTION APPROPRIATION SHOULD NOT BE USED FOR PAYMENT OF ANY PART THEREOF. THE COST OF THE CONSTRUCTION OF THIS SCHOOL IS CHARGEABLE TO THE APPROPRIATION "BUILDINGS AND GROUNDS. " AND IS CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1931.

A-46191, DECEMBER 29, 1932, 12 COMP. GEN. 482

JUDGMENTS - CONTRACTS - DISTRICT OF COLUMBIA A JUDGMENT AGAINST THE DISTRICT OF COLUMBIA GROWING OUT OF A CONTRACT FOR CONSTRUCTION OF A SCHOOL BUILDING MAY BE PAID FROM THE APPROPRIATION FOR THE CONSTRUCTION OF THE BUILDING ONLY TO THE EXTENT THAT THE JUDGMENT IS IN PAYMENT OF THE PORTION OF THE CONTRACT PRICE DETERMINED BY THE JUDGMENT TO HAVE BEEN ERRONEOUSLY WITHHELD AS LIQUIDATED DAMAGES. UNLESS THE AMOUNT OF THE JUDGMENT, EXCLUSIVE OF INTEREST AND COSTS, WILL BE ACCEPTED IN FULL SATISFACTION OF THE JUDGMENT THE CONSTRUCTION APPROPRIATION SHOULD NOT BE USED FOR PAYMENT OF ANY PART THEREOF.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, DECEMBER 29, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 9, 1932, AS FOLLOWS:

UNDER DATE OF OCTOBER 21, 1932, CLEVELAND SKINKER AND WILBUR R. GARRETT, TRADING AS SKINKER AND GARRETT, OBTAINED A JUDGMENT AGAINST THE DISTRICT OF COLUMBIA, LAW NO. 77245, IN THE AMOUNT OF $2,322.90, WITH INTEREST FROM MARCH 26, 1929, AND COSTS AMOUNTING TO $63.00, REPRESENTING THE AMOUNT WITHHELD AS LIQUIDATED DAMAGES AND INSPECTION COSTS UNDER CONTRACT NO. 9757 WITH SKINKER AND GARRETT FOR THE CONSTRUCTION OF A SIX-ROOM ADDITION TO THE BRYAN SCHOOL.

THE COST OF THE CONSTRUCTION OF THIS SCHOOL IS CHARGEABLE TO THE APPROPRIATION "BUILDINGS AND GROUNDS, PUBLIC SCHOOLS, D.C., ADDITION TO THE BRYAN SCHOOL," AND IS CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1931, IN WHICH THERE REMAINS AN UNEXPENDED BALANCE OF $3,579.18. FOR YOUR INFORMATION, THE FINAL PAYMENT UNDER THIS CONTRACT WAS MADE JULY 19, 1929, BY VOUCHER NO. 162789, FROM WHICH LIQUIDATED DAMAGES IN THE AMOUNT OF $2,175.00 AND INSPECTION COSTS IN THE AMOUNT OF $139.58, WERE DEDUCTED UNDER PROTEST.

THE QUESTION PRESENTED FOR YOUR CONSIDERATION IS WHETHER THE JUDGMENT HERE INVOLVED MAY BE PAID FROM THE UNEXPENDED BALANCE IN THE APPROPRIATION FOR THE CONSTRUCTION OF THE SIX-ROOM ADDITION TO THE BRYAN SCHOOL.

THE ORIGINAL APPROPRIATION FOR THE ADDITION TO THE BRYAN SCHOOL APPEARS IN THE DISTRICT OF COLUMBIA APPROPRIATION FOR 1928, 44 STAT. 1315, IN THE FOLLOWING LANGUAGE:

FOR THE CONSTRUCTION OF A SIX-ROOM ADDITION TO THE BRYAN SCHOOL, INCLUDING THE NECESSARY REMODELING OF THE PRESENT BUILDING, $125,000;

IN ALL, $2,757,000, * * * TO BE DISBURSED AND ACCOUNTED FOR AS "BUILDINGS AND GROUNDS, PUBLIC SCHOOLS" AND FOR THAT PURPOSE SHALL CONSTITUTE ONE FUND, AND REMAIN AVAILABLE UNTIL EXPENDED * * *

IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR 1931, 46 STAT. 971, APPEARS A FURTHER REFERENCE TO THIS APPROPRIATION AS FOLLOWS:

NOT TO EXCEED $25,000 OF THE UNEXPENDED BALANCE OF THE APPROPRIATION OF $125,000 FOR THE CONSTRUCTION OF A SIX-ROOM ADDITION TO THE BRYAN SCHOOL, INCLUDING THE NECESSARY REMODELING OF THE PRESENT BUILDING, CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1928, * * * ARE HEREBY MADE AVAILABLE UNTIL JUNE 30, 1931, FOR THE PURCHASE OF ADDITIONAL SCHOOL-BUILDING AND PLAYGROUND SITES.

THE ORIGINAL APPROPRIATION FOR THE ADDITION TO THE BRYAN SCHOOL WAS AVAILABLE UNTIL EXPENDED, AND YOU STATE THAT THERE REMAINS AN UNEXPENDED BALANCE THEREIN SUFFICIENT TO MEET THE JUDGMENT. THIS BALANCE WAS OBLIGATED BY THE CONTRACT FOR THE ERECTION OF THE ADDITION AND IN SO FAR AS THE JUDGMENT IS FOR THE PAYMENT OF A PORTION OF THE CONTRACT PRICE ESTABLISHED BY THE COURT ACTION TO HAVE BEEN ERRONEOUSLY WITHHELD, THE APPROPRIATION WOULD APPEAR TO BE AVAILABLE THEREFOR. HOWEVER, THE APPROPRIATION IS NOT AVAILABLE FOR THE PAYMENT OF THAT PORTION OF THE JUDGMENT COVERING INTEREST AND COSTS. THEREFORE, UNLESS THE AMOUNT OF THE JUDGMENT EXCLUSIVE OF INTEREST AND COSTS WILL BE ACCEPTED IN FULL SATISFACTION OF THE JUDGMENT THE APPROPRIATION IN QUESTION SHOULD NOT BE USED FOR THE PAYMENT OF ANY PART OF THE JUDGMENT.