West Virginia Court of Claims, 1985

Carl E. Stephens Construction Co. v. Department of Highways

Carl E. Stephens Construction Co. v. Department of Highways
West Virginia Court of Claims · Decided January 30, 1985
15 Ct. Cl. 233

Counsel

No appearance by claimant., Nancy J. Aliff, Attorney at Law, for respondent.

Carl E. Stephens Construction Co. v. Department of Highways

Opinion of the Court

PER CURIAM:

This claim was submitted for decision upon a written stipulation based upon the following facts. On or about March 7, 1984, an employee of respondent contacted claimant to request pricing on a proposed Department of Highways facility to be located in Pleasants County. Claimant prepared a basic set of plans and specifications and presented the design plans to respondent. Respondent utilized the design plans with minor changes. The claimant and respondent never entered into a contract for said services. Since the services were not authorized by a contract, respondent has no fund from which the services can be paid, even though respondent admits the services were provided by the claimant. The parties have stipulated that $1,000.00 is a fair and equitable estimate of the damages sustained by the claimant.

In view of the foregoing, the Court makes an award in the amount stipulated.

Award of $1,000.00.

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