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West Virginia Court of Claims

Volume Number: 29
Category(s): CONTRACTS
Opinion Issued February 14, 2013
     Christopher A. Brumley and Keith R. Hoover, Attorneys at Law, for Claimant.
     Kelli D. Talbott, Senior Deputy Attorney General, for Respondent.
      This claim was submitted to the Court for decision upon a Stipulation entered into by Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
      1. On July, 11, 2011, the Claimant filed this breach of contract claim against the West Virginia Regional Jail Authority in the amount of $275,376.75. The Claimant alleges that it is owed this sum for architectural and professional services rendered in connection with the design of the Kenneth Honey Rubenstein Juvenile Center in Davis, West Virginia.
      2. This claim arises from Claimant’s and Respondent’s mutual agreement to create a new fee schedule associated with extra work to be undertaken by Claimant in respect to a design issue arising from the presence of wetlands at the construction site. 3. The parties desire to settle and resolve this claim in lieu of litigating this claim before the Court.
      4. The Respondent stipulates and agrees that $200,000.00 is appropriate to settle and resolve this claim in full.
      5. The Claimant stipulates and agrees that it accepts the amount of $200,000.00 to settle and resolve this claim in full.
      The Court has reviewed the facts of the claim and finds that Respondent did breach a contractual obligation to compensate Claimant based on the agreed compensation schedule between Claimant and Respondent dated January 24, 2008. The Court further finds that the amount of damages agreed to by the parties is fair and reasonable. Therefore, Claimant may make a recovery consistent with the parties’ Stipulation.
      It is the opinion of the Court that the Claimant should be, and is hereby, awarded the sum of $200,000.00 on this claim.
      Award of $200,000.00.

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