|Volume Number: 30
Category(s): PRISONS AND PRISONERS
|Opinion Issued January 30, 2014|
|SILLING ASSOCIATES INC.|
|DIVISION OF CORRECTIONS|
Claimant appeared pro se.
Stacy L. Nowicki, General Counsel, for Respondent.
| PER CURIAM:
This claim was submitted for decision based upon the allegations in the Notice of Claim and Respondent's Answer.
Claimant seeks payment in the amount of $105,037.60 for unpaid invoices for design and construction services for which the State of West Virginia was enriched. Respondent, in its Answer, admits the validity of the claim and further states that there were insufficient funds in its appropriation for the fiscal year in question from which to pay the claim.
The Court believes that this is a claim in equity and good conscience should be paid; however, the Court finds that an award cannot be recommended based upon its previous decision in Airkem Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180 (1971).