IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

QLARION, INC.

v.

WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

(CC-19-0229)

Claimant appeared pro se.

William C. Ballard, Assistant Attorney General, for Respondent.

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and Respondent’s Answer.

The Claimant is an authorized vendor for SAP Software, which is a global business application company. In 2016, the Respondent purchased SAP software licenses from the Claimant along with the accompanying maintenance program, which includes software updates and technical support. The renewal contract was not formalized in a written contract, however, the Claimant continued to provide professional software updates and maintenance. The Claimant now seeks to recover $215,145.02 for providing the professional software services, as documented by unpaid invoices.

In its Answer, the Respondent asserts that the continuation of this SAP software service is critical to its core mission. Accordingly, the Respondent admits the validity of the claim as well as the amount with respect to the services rendered in the sum of $215,145.02 and further states that there were sufficient funds expired in that appropriate fiscal year from which the invoices could have been paid.

It is the opinion and recommendation of the Legislative Claims Commission that, because the Claimant provided these services to the Respondent in good faith and the Respondent has benefitted from these services, in accordance with the principles of unjust enrichment, the Claimant should be awarded the total sum of $215,145.02.

Award of $215,145.02.