OPINION ISSUED DECEMBER 15, 1988
R. L. BANKS & ASSOCIATES, INC.
PUBLIC SERVICE COMMISSION
No appearance by claimant.
Janet F. Steele, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks $4,799.00 plus interest for professional services
provided respondent in
connection with U. S. Court proceedings on the closure of CSX
at Hinton, West
Virginia. There was no written contract between the parties;
there was an oral
agreement for the services. Claimant failed to submit an invoice
services rendered in the
proper fiscal year; therefore, claimant has not been paid. The
respondent admits the validity and
amount of the claim itself, but denies the interest amount being
West Virginia Code Chapter 5A, Article 3, Section 1 provides for
payment of interest
upon contracts with State agencies for printing or commodities if
payment is delayed for more
than 90 days. This is not a claim for commodities or printing;
therefore, the interest provision of
the statute is not applicable.
In view of the foregoing, the Court makes an award in the amount
$4,799.00 and denies the
portion of the claim for interest.
Award of $4,799.00