Sideslip
Well-Known Member
Sorry if this has been covered before. Inserting here as it relates to vintage jackets which some of you may have in your possession.
LW Foster sued the United States Government in 1969 regarding a price adjustment they were seeking under contracts from 1958.
https://casetext.com/case/lw-foster-sportswear-co-v-united-states-2
Foster manufactured upwards of 200,000 jackets for the USN between 1949-1956, but nevertheless ended up in dispute over alleged quality defects. The transcript is not overly long, but makes for interesting reading regarding concerns that Foster had concerning the specification. I invite you to have a read as it is not heavy in legalese, and gives some insight into some of the construction challenges, although this is nothing new in any private or public sector contract. For instance (plaintiff is LW Foster):
From the commencement of its production, plaintiff complained to defendant regarding the specifications, the IQ AP and the inspections, which plaintiff felt were too stringent and based in part upon a misinterpretation of the specifications and the IQAP.
Plaintiff felt that the specification requirements for the type of seams for the joining of the knit to the leather and the rayon lining underneath were not in accordance with the best considered practices of the trade, were virtually impossible to perform without causing abrasions and cut leather which would be scored as defects, and that the operation should be performed by another method. Another problem developed with regard to the method of sewing the pocket flap to the face of the jacket. Plaintiff contended that the method prescribed by the specifications was inconsistent with the contract diagram, was "practically impossible" to accomplish and could cause damage to the jacket. After lengthy discussions with resident government inspectors, plaintiff thought that an agreement had been reached for it to perform the operation in accordance with the method it had suggested, but thereafter the government inspectors instructed plaintiff's operators to revert to the method prescribed by the specifications. In the latter part of August 1958, plaintiff complained to the contracting officer about both problems. About a month later the contracting officer authorized plaintiff to perform both operations in accordance with the methods which plaintiff had suggested.
The evidence disclosed that a government inspector, who had never before inspected goatskin or leather products and who had not previously known what a "briar scratch" and a "healed scar" were on animal hide, was scoring as major defects healed scars and healed briar scratches. He was also scoring as defects mended knits which did not affect appearance or serviceability. By letter of October 31, 1958, plaintiff took up both matters with the contracting officer who, by letter of November 21, 1958, agreed that certain healed scars and healed briar scratches should not be scored as defects and that certain others should be scored as only minor defects; and that mended knits, which did not affect appearance or serviceability, should not be scored as defects.
LW Foster sued the United States Government in 1969 regarding a price adjustment they were seeking under contracts from 1958.
https://casetext.com/case/lw-foster-sportswear-co-v-united-states-2
Foster manufactured upwards of 200,000 jackets for the USN between 1949-1956, but nevertheless ended up in dispute over alleged quality defects. The transcript is not overly long, but makes for interesting reading regarding concerns that Foster had concerning the specification. I invite you to have a read as it is not heavy in legalese, and gives some insight into some of the construction challenges, although this is nothing new in any private or public sector contract. For instance (plaintiff is LW Foster):
From the commencement of its production, plaintiff complained to defendant regarding the specifications, the IQ AP and the inspections, which plaintiff felt were too stringent and based in part upon a misinterpretation of the specifications and the IQAP.
Plaintiff felt that the specification requirements for the type of seams for the joining of the knit to the leather and the rayon lining underneath were not in accordance with the best considered practices of the trade, were virtually impossible to perform without causing abrasions and cut leather which would be scored as defects, and that the operation should be performed by another method. Another problem developed with regard to the method of sewing the pocket flap to the face of the jacket. Plaintiff contended that the method prescribed by the specifications was inconsistent with the contract diagram, was "practically impossible" to accomplish and could cause damage to the jacket. After lengthy discussions with resident government inspectors, plaintiff thought that an agreement had been reached for it to perform the operation in accordance with the method it had suggested, but thereafter the government inspectors instructed plaintiff's operators to revert to the method prescribed by the specifications. In the latter part of August 1958, plaintiff complained to the contracting officer about both problems. About a month later the contracting officer authorized plaintiff to perform both operations in accordance with the methods which plaintiff had suggested.
The evidence disclosed that a government inspector, who had never before inspected goatskin or leather products and who had not previously known what a "briar scratch" and a "healed scar" were on animal hide, was scoring as major defects healed scars and healed briar scratches. He was also scoring as defects mended knits which did not affect appearance or serviceability. By letter of October 31, 1958, plaintiff took up both matters with the contracting officer who, by letter of November 21, 1958, agreed that certain healed scars and healed briar scratches should not be scored as defects and that certain others should be scored as only minor defects; and that mended knits, which did not affect appearance or serviceability, should not be scored as defects.
). I am looking forward to the m422 vs m422a project being worked on as well.
