OPINION ISSUED NOVEMBER 23, 1987
AIDE'S DISCOUNT STORE, INC.
DEPARTMENT OF HIGHWAYS
No appearance by claimant.
Robert D. Pollitt, Senior Assistant Attorney General, for
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks $694.01 for items furnished to respondent pursuant
valid purchase order.
The respondent admits the validity and amount of the claim and
that there were sufficient
funds in respondent's budget for the appropriate fiscal year with
the claim could have been
paid; however, the respondent was unable to make payment as the
Auditor returned the
transmittal to the respondent with the explanation that the
the State of West Virginia
lacked sufficient funds to process the transmittal.
The Court has reviewed the petition and the Answer and finds the
agency had sufficient
funds within its appropriated budget to pay the claim and for this
reason, the claimant is entitled
to an award from the respondent.
The Court has also determined that West Virginia Code Chapter 14,
Article 3, Section 1
provides that, where payment upon contracts with State agencies is
delayed for more than 90
days, six percent interest shall be awarded on contracts for
and printing entered
into under Chapter 5A, Article 3, Section 1. The interest rate
by the statute is six
percent per annum on any unpaid balance beginning on the 91st day
payment is due. The
Court finds that the calculation of the 90 days begins July 1, 1987
shall continue until the
beginning of the Legislative Session in 1988, January 13, 1988.
In view of the foregoing, the Court makes an award in the amount
sought, $694.01, with
interest calculated in the amount of $12.09
Award of $706.10.