United States Code Title 50 — War and National Defense

§ 3933. Fines and penalties under contracts

§ 3933.

Fines and penalties under contracts

(a)

Prohibition of penalties

When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

(b)

Reduction or waiver of fines or penalties

If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—

(1)

the servicemember was in military service at the time the fine or penalty was incurred; and

(2)

the ability of the servicemember to perform the obligation was materially affected by such military service.