OPINION ISSUED DECEMBER 12, 1986

THE LAWHEAD PRESS, INC.
VS.
GOVERNOR'S OFFICE OF COMMUNITY AND INDUSTRIAL DEVELOPMENT

(CC-86-149)

Bill Watkins appeared for the claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.

PER CURIAM:

In November 1984 claimant company entered into a Purchase Order dated
December 3,
1984, to print a magazine, "The Get-Away Guide," for the respondent
State agency. The Court,
on its own motion, amended the style of the claim designating the
Governor's Office of
Community and Industrial Development as the proper party respondent. The
cost of paper for
the publication of the magazine was substantial. There were delays in
printing the magazine for
which the claimant alleges that it lost interest on the monies expended
for the paper. The amount
of the interest, $1,063.20, together with $351.90 for extra work
performed in the printing of the
magazine, constitutes the basis of this claim. The respondent admits the
portion of the claim for
the extra work in the amount of $351.90, but denies liability for the
interest charges.

Bill Watkins, a representative of the claimant company, testified that
he was informed that his
company was to be awarded the printing job in November 1984. Shortly
thereafter, he was
informed by an employee of the respondent, Steve Scott, that the
Governor's Office requested
that the printing job be put "on hold." This request was made due to the
pending changes in the
administration. Mr. Watkins represented to Mr. Scott that there would be
a cost for interest on
the money the claimant company borrowed to purchase the necessary paper
for the job. At that
time, in January 1985, he estimated that the interest would be in the
amount of $500.00 or
$600.00.

The claimant company agreed to honor the bid rather than rebidding the
job. The agreement
made was for an original contract of $87,000 and a change order. There
was an original
purchase order issued and approved. However, the change order pertaining
to the matter of the
interest was not approved by the Department of Finance and
Administration.

Tom Pendleton, an employee of the respondent, testified that there was
a change order issued
on October 1, 1985, in the amount of $1,415.10 to cover the extra work
and the interest.

West Virginia Code §14-2-12 provides that .... "In determining the
amount of a claim, interest
shall not be allowed unless the claim is based upon a contract which
specifically provides for the
payment of interest." The statutory authority is very clear regarding
this matter. There is no
provision for interest in the Purchase Order. Therefore the Court makes
an award in the amount
of $351.90, which amount has been admitted by the respondent, and
disallows the amount of
the claim for interest.

Award of $351.90.

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OPIONION ISSUED JANUARY 6, 1987

RONALD L. HUNT

VS.

DEPARTMENT OF MOTOR VEHICLES

(CC-36-398)

Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.

PER CURIAM:

Claimant seeks $184.75 for overpayment of the Privilege Tax in
registering his 1981 Ford
pickup truck in West Virginia. In addition, he seeks $60.00 for mileage
occasioned by seven
trips to and
from his home in Hurricane, West Virginia, to Charleston, West Virginia,
in pursuing this claim.

Claimant had traded his Chevrolet van for the 1981 Ford pickup truck.
As a result of that
transaction, he ad an encumbrance which was reflected on the title of
the vehicle. The Privilege
Tax as assessed on an amount that was in excess of the value of the
transfer of he vehicles. The
claimant made trips to the respondent agency and to the Governor's
Office in an attempt to
resolve this matter. He stated that it is 29 and 1/2 miles one way from
his home to the Capitol.

In its Answer, respondent admits the allegations regarding the
overpayment of fees to
respondent agency. The Court denies the claim for mileage to and from
charleston but makes an
award of $184.75, representing overpayment of the privilege tax.

Award of $184.75.


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