| Volume Number: 30
Category(s): VENDOR |
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| Opinion Issued August 19, 2014 | |
| ATRIUM TRS V LLC DBA EMBASSY SUITES | |
| VS. | |
| DEPARTMENT OF AGRICULTURE | |
| (CC-14-0300) | |
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Ryan S. Marsteller, Attorney at Law, for Claimant. Gretchen A. Murphy, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant (hereinafter “Embassy Suites”) brought this action to recover on a breach of contract for banquet services provided to Respondent (hereinafter “DOA”), but for which Respondent refused to remit payment. The Court finds that an award should be made, in part, and denied, in part, for the reasons more fully stated below. In November 2012, the State’s Agriculture Commissioner, The Honorable Gus R. Douglass, undertook to host a banquet supposedly in celebration of West Virginia’s agricultural heritage. This event was titled “A Celebration of American Agriculture” and is evidenced by an unpaid invoice dated November 20, 2012. By all accounts, the event was well-attended and DOA received the benefit of the banquet. The Respondent does not refute the fact that the former DOA administration did contract for the services provided by Claimant. Claimant testified that while the DOA, under the direction of Commissioner Douglass, did contract for the services provided, the current DOA administration cannot, in good conscious and by law, pay for the event because the circumstances surrounding the event were deemed suspect. Likewise, Claimant does not dispute the amount of damages, which totals $10,101.20 for the principal owed plus interest. The Claimant also asks that the Court grant an award for Claimant’s legal fees, which have yet to be calculated. The Claimant argues that it is entitled to relief because there was a clear breach of contract. Despite the fact that DOA may have a good faith reason for disputing the fees, Claimant, as a third- party contracting with the State should not be forced to suffer a loss because of a change in DOA administrations. Respondent does not refute Claimant’s claim, except to say that it will not remit payment based on principle. Thus, the Court’s determination then is quite simple. The Court of Claims has original jurisdiction over all claims against the State of West Virginia for which insurance proceeds are not available and is codified in W. Va. Code § 14-2-1, et. seq. Unlike the regular courts, the Court of Claims recommends awards to the Legislature based purely on a moral obligation of the State; however, the Court is guided by the State’s jurisprudence legal principles in reaching its determinations. Here, since Respondent DOA has admitted that a breach of contract did occur, the Court is asked only to determine the amount of damages. The total amount of damages sought by Embassy Suites for the cost of the event, together with interest, totals $10,101.20. Generally, interest payments are not provided by the Court unless the payment of interest is expressly provided for by the contract. Page six of the contract between the parties clearly provides for interest on unpaid balances at a rate of 1.5% per month or 18% per annum. Therefore, Claimant may make a recovery for the principal and interest on the contract. Claimant also asks the Court to make an award of legal fees because the contract does provide for the payment of attorneys’ fees on page six under “miscellaneous provisions.” While the Court may provide for interest if it’s provided for by a contract, the Court does not award attorneys’ fees even though it may be provided for by the contract. Therefore, Claimant’s request for attorneys’ fees are denied. Based on the foregoing, the Court is of the opinion to, and does hereby, grant Claimant’s claim, in part, and deny, in part. Award $10,101.20. |
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| Summary: |
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