Summary

ASSESSMENT OF LIQUIDATED DAMAGES IN ADDITION TO OR INSTEAD OF ACTUAL AND ASCERTAINABLE DAMAGES ON TERMINATION IS NOT PROPER. SINCE AMOUNT AVAILABLE IS LESS THAN TOTAL UNDERPAYMENTS UNDER SERVICE CONTRACT ACT OF 1965 AND PRO RATA DISTRIBUTION UNDER THAT ACT WOULD RESULT IN IDENTICAL PAYMENTS TO EACH EMPLOYEE AS WOULD SEPARATE COMPUTATIONS UNDER THAT ACT AND CONTRACT WORK HOURS STANDARDS ACT. SECRETARY: REFERENCE IS MADE TO LETTER DATED MAY 16. AT THE TIME HIS CONTRACT WAS TERMINATED FOR DEFAULT HE HAD SUCCESSFULLY COMPLETED 459 ACRES FOR A TOTAL EARNING OF $7. IT IS REPORTED THAT $3. 798 IS PRESENTLY BEING WITHHELD TO OFFSET ASSESSED LIQUIDATED DAMAGES AND OTHER COSTS RELATED TO CONTRACT TERMINATION.