Illinois Court of Claims Opinions
General Court of Claims
Download PDF

D'Abar Builders, Inc. v. State of Illinois

35 Ill. Ct. Cl. 840 Illinois Court of Claims Filed 1982-10-25 No. 82-CC-1090
Disposition: (No. 82-CC-1090-Claimant awarded $24,473.00.) Award: $24,473.00 Agency: Capital Development Board
Cite as: D'Abar Builders, Inc. v. State of Illinois, 35 Ill. Ct. Cl. 840 (1982)
General Court of Claims 35 awarded 1980s D'Abar Builders, Inc. v. State of Illinois 35 Ill. Ct. Cl. 840 1982-10-25 (No. 82-CC-1090-Claimant awarded $24,473.00.) /opinions/v35-p0996-1/

D’ABAR BUILDERS, INC., an Illinois corporation, Claimant, u. THE STATE OF ILLINOIS, Respondent.

Case summary

The claimant, a contractor, sought fees on payments made to subcontractors under a contract with the Capital Development Board. The court awarded $24,473.00 based on a stipulation by the parties that the amount was due and owing.

Claim type: Contract

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. TYRONE C. FAHNER, Attorney General (E DWARD C. HURLEY, Assistant Attorney General, of counsel), for Respondent.
  2. CoNmcToRs-fees on payments to subcontractors-stipulation-award granted. Claimant corporation was entitled to a fee based on payments made to subcontractors pursuant to contract with State, and based on the stipulation of the parties an award was granted in the amount agreed to be owing Claimant.

This cause comes before the Court on stipulation filed by the parties wherein it is requested that the Court make an award in Claimant’s favor in the amount of $24,473.00. The Claimant, an Illinois corporation, being entitled to fees on amounts paid to subcontractors pursuant to a contract entered into with the Capital Development Board.

The Claimant did not receive and has been denied [*841] its 25%fee on payments made to subcontractors alleged in the complaint. The Capital Development Board does not dispute the fact that the Claimant herein is entitled to fees on monies paid to the subcontractors, pursuant to the contract, which are the subject matter of this complaint, and that the sum of $24,473.00 is due and owing the Claimant.

While this court is not bound by any stipulation made by the parties to a case, such a stipulation will not be rejected out of hand.

It appears that the parties have carefully considered the merits of this claim. Such being the case, the Court allows the stipulation of the parties.

It is hereby ordered that Claimant, D’Abar Builders, Inc., be awarded the sum of $24,473.00 (twenty-four thousand, four hundred and seventy-three dollars) in full and final satisfaction of all claims arising under cause No.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.