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Contracts Keyed to Kuney
Southern Painting Company of Tennessee v. United States, Ex Rel. Silver.
Citation:222 F.2d 431 (1955).
Southern held two Government contracts (Nos. ENG 999 and ENG 1052) for rehabilitation work on Government camps near Salina, Kansas. Southern subcontracted with Silver to perform plumbing and heating work on the projects. Under the subcontracts, Southern agreed to reimburse Silver for all materials, labor, taxes and insurance. Southern also agreed to purchase any equipment necessary for completion of the work. Silver was to be compensated a $6,000 lump sum on ENG 999 and $4,000 lump sum on ENG 1052, plus a fair share of net profits for any additional plumbing and heating work. At the time of the breach, Silver had completed 90% of the work under the contracts and had received $7,000.
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