ANKENCHEMICAL AND FILM CORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for materials and services provided to the Secretary of State's office, but payment was delayed due to billing delay and the appropriation lapsed. The court awarded the stipulated amount of $38,144.49, finding all requirements for an award were met.
Cases cited: Gilbert-Hodgman, Inc. v. State of Illinois, 24 C.C.R. 509
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Headnotes
- CONTRACTS-lapsed 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. PERLIN,
Claimant seeks recovery of the sum of $38,400.99 [*488] from respondent for materials and services rendered to the Office of the Secretary of State, Department of Motor Vehicles.
It appears that the materials and services were received by respondent, but that, as a result of delay in billing by the claimant, payment was not made prior to the closing of the biennial appropriation.
The parties have stipulated to a reduced sum in part as follows:
“7. That the said amount of $38,144.49 is lawfully due and owing to the claimant from the respondent, and should be paid.”
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-Hodgrnan, 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 $38,144.49.