OPINION ISSUED NOVEMBER 23, 1987
ALPHA THERAPEUTIC CORPORATION
DEPARTMENT OF HEALTH
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 $4,195.80 for items furnished to respondent
a valid purchase
order. The respondent admits the validity and amount of the claim
states that there were
sufficient funds in respondent's budget for the appropriate fiscal
with which the claim could
have been paid; however, the respondent was unable to make payment
the State Auditor
returned the transmittal to the respondent with the explanation
Treasury of 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,
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, $4,195.80, with
interest calculated in the amount of $73.11.
Award of $4,268.91.