Lewis University v. State of Illinois — 34 Ill. Ct. Cl. 76

LEWIS UNIVERSITY, Claimant, 2). THE STATE OF ILLINOIS, Respondent.

Case summary

Lewis University claimed reimbursement for a contract period from July 1, 1973 to September 20, 1973. The court found that $11,029.13 of the budgeted amount was unexpended and not reimbursable, and awarded $6,378.92 for the actual amount expended, without prejudice to the remaining contract period.

Claim type: Contract

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Headnotes

CoNTmcrs-partial award granted where only part of budget was spent. A partial award was granted Claimant for the contract period as only part of the budget was spent and the rights of either party would not be prejudiced for the remaining portion of the contract period.

DUNN,STEFANICH, MCGARRY AND KENNEDY, LTD., for Claimant .

POCH,J.

This matter coming on to be heard upon a joint stipulation for a portion of the complaint, which has been agreed to by Claimant, Lewis University, by its attorney Roman Okrei and by the Respondent by Tyrone C. Fahner, Attorney General of the State of Illinois, and the court being fully advised in the premises:

Finds: The stipulation pertains exclusively to the contract period from July 1,1973, to September 20,1973, and does not pertain to the contract period from October 1, 1973, to May 31, 1974, which is only a portion of the complaint.

The audit of the program during this contract period from July 1, 1973, to September 20, 1973, showed that $11,029.13 of the budgeted amount had not been expended for this project and should not be reimbursed to Claimant.

The total contract amount for this partial period was $52,904.71 with $35,496.66 already paid leaving a difference of $17,408.05 in dispute. By reducing the $11,029.13 of unexpended budget amounts from the disputed amount, the actual amount expended on the project for this partial contract period was $6,378.92.

[*77] It is hereby ordered that Claimant is granted a partial award of $6,378.92 for the contract period from July 1, 1973, through September 30, 1973, and further does not prejudice the rights of either party for the remaining portion of the contract between October 1, 1973, through May 31, 1974.