S&E Contractors, Inc. v. United States — Blackmun, J., concurring

Summary

Justice Blackmun, joined by Chief Justice Stewart and Justice Powell, concurs with the majority, agreeing that the Wunderlich Act does not permit the United States to challenge a factual finding of its own contracting agency under a disputes clause when no fraud or bad faith is alleged. He adds supportive commentary on the executive nature of the contracting officer, the historical operation of disputes clauses, and the unfairness of allowing the Government to overturn its own decisions.