§ 36. — Liability for contract breach; cancellation; completion by Government agency; employee's wages.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC36]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 36. Liability for contract breach; cancellation; completion
by Government agency; employee's wages
Any breach or violation of any of the representations and
stipulations in any contract for the purposes set forth in section 35 of
this title shall render the party responsible therefor liable to the
United States of America for liquidated damages, in addition to damages
for any other breach of such contract, the sum of $10 per day for each
male person under sixteen years of age or each female person under
eighteen years of age, or each convict laborer knowingly employed in the
performance of such contract, and a sum equal to the amount of any
deductions, rebates, refunds, or underpayment of wages due to any
employee engaged in the performance of such contract; and, in addition,
the agency of the United States entering into such contract shall have
the right to cancel same and to make open-market purchases or enter into
other contracts for the completion of the original contract, charging
any additional cost to the original contractor. Any sums of money due to
the United States of America by reason of any violation of any of the
representations and stipulations of said contract set forth in section
35 of this title may be withheld from any amounts due on any such
contracts or may be recovered in suits brought in the name of the United
States of America by the Attorney General thereof. All sums withheld or
recovered as deductions, rebates, refunds, or underpayments of wages
shall be held in a special deposit account and shall be paid, on order
of the Secretary of Labor, directly to the employees who have been paid
less than minimum rates of pay as set forth in such contracts and on
whose account such sums were withheld or recovered: Provided, That no
claims by employees for such payments shall be entertained unless made
within one year from the date of actual notice to the contractor of the
withholding or recovery of such sums by the United States of America.
(June 30, 1936, ch. 881, Sec. 2, 49 Stat. 2037.)
Section Referred to in Other Sections
This section is referred to in section 43a of this title; title 25
section 450j.
