Volume 52 · 1198
Public Law 75–699
To confer jurisdiction on the Court of Claims to hear, determine, and enter judgment upon the claims of Government contractors whose costs of performance were increased as a result of enactment of the National Industrial Recovery Act, June 16, 1933.
Approved June 25, 1938
Statutory text
AN ACT
To confer jurisdiction on the Court of Claims to hear, determine, and enter judgment upon the claims of Government contractors whose costs of performance were increased as a result of enactment of the National Industrial Recovery Act, June 16, 1933.
Be it enacted by the Senate and House of Representative1 1So in original. of the United States of America in Congress assembled,
That jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and enter judgments against the United States upon the claims of contractors, including completing sureties and all subcontractors and materialmen performing work or furnishing material to the contractor or another subcontractor, whose contracts were entered into on or before August 10, 1933, for increased costs incurred as a result of the enactment of the National Industrial Recovery Act: Provided,
Proviso.
Application.
That (except as to claims for increased costs incurred between June 16, 1933, and August 10, 1933) this section shall apply only to such contractors, including completing sureties and all subcontractors and materialmen, whose claims were presented within the limitation period defined in section 4 of the Act of June 16, 1934 (41 U. S. C.,
secs 28–33).
Sec. 2.
Suits upon such claims may be instituted at any time within six months after the enactment of this Act or, at the option of the claimant, within six months after the completion of the contract. Proceedings for the determination of such claims, and
Procedure, appeals, etc.
appeals from and payment of any judgment thereon, shall be in the same manner as in the cases of claims over which such court has jurisdiction, as provided by law.
Sec. 3.
Judgments or decrees, if any, under this Act, shall be allowed upon a fair and equitable basis, and notwithstanding the bars or defenses of any alleged settlement or adjustment heretofore
made, res adjudicata, laches, or any provisions of Public Act Numbered 369, as enacted on June 16, 1934.
Sec. 4.
This Act shall not be interpreted as raising any presumption or conclusion of fact or law but shall be held solely to provide for trial upon facts as may be alleged.
Approved, June 25, 1938.