OPINION ISSUED JANUARY 18, 1988
CAPON BRIDGE COMMUNITY AND SENIOR CENTER
GOVERNOR'S OFFICE OF COMMUNITY
AND INDUSTRIAL DEVELOPMENT
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 $40,500.00 for payment of invoices which were
to a contract with the respondent under the Governor's Community
Partnership Grant Program.
In accordance with the contract, the claimant began a furnace and
project for the which
claimant incurred invoices for services. The respondent admits the
validity and amount of the
claim and states that there were sufficient funds in respondent's
for the appropriate fiscal
year with which the claim could have been paid; however, the
was unable to make
payment as the State Auditor returned the transmittal to the
with the explanation that
the Treasury of the State of West Virginia lacked sufficient funds
process the transmittal.
The Court has reviewed the petition, Answer, and contract and
State agency had
sufficient funds within its appropriated budget to pay the claim
finds that the claimant is
entitled to an award from the respondent. However, respondent indicated
in its Answer that
claimant is entitled to $8,849.00 as the Governor has awarded
grant to help pay for
renovations to the Senior Center.
In view of the foregoing, the Court makes an award in the amount of
Award of $8,849.00.