MARX INDUSTRIAL MAINTENANCE, INC., An Illinois Cor- poration, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $2,632.50 for landscape services performed at State License Centers under a contract with the Secretary of State. The court found the contract was properly entered into, services were satisfactorily performed, charges were proper, and funds were available at contract time, so it awarded the full amount despite a billing delay that caused the appropriation to lapse.
Cases cited: Gilbert-Hodgmaw, Inc., A Corporation, vs. State of Illinois, 24 C.C.R. 509
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Headnotes
- CONTRACTS-kLp8ed appropriation. Where evidence showed that the only reason claim was not paid was due to the fact that, prior to the time a statement was presented, the appropriation lapsed, an award will be made.
Claimant seeks recovery of the sum of $2,632.50 for landscape services at State License Centers. It ap[*487]pears that the services were performed by claimant for the Secretary of State, Purchasing Division.
The parties have stipulated that there is lawfully due the claimant the sum of $2,632.50. They further stipulate that, as a result of delay in billing by the claimant, payment was not made prior to the closing of the biennial appropriation. *
Where a contract with the State has been (1)properly entered into ; (2) services satisfactorily performed, and materials furnished in accordance with such contract ; (3) proper charges made therefor; and, (4) adequate funds were available at the time the contract was entered into, this Court will enter an award for the amount due. Gilbert-Hodgmaw, Inc., A Corporation, vs. State of Illinois, 24 C.C.R. 509. It appears that all the requirements have been met in the instant case.
Claimant is hereby awarded the sum of $2,63250.