IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
O. R. COLAN ASSOCIATES, LLC
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS
Claimant appeared pro se.
Stacy A. Jacques, Attorney at Law, for the Respondent.
This claim was submitted to the Legislative Claims Commission upon a Stipulation entered into by the Claimants and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:
- The Claimant provided a service to the Respondent in preparing a “Right of Way Manual”. The Claimant alleged that he did not receive the proper payment for the provision of this service.
- The Respondent asserted that the manual and the accompanying obligations were not fully completed but does acknowledge that some work was completed and invoices were left unpaid.
- The Claimants alleged that he suffered monetary damages as a result of the non-payment of invoices related to the improper completion of the “Right of Way Manual” for the Respondent
- The Respondent denies any negligence but does acknowledge that some work was completed on the manual and that it is mutually beneficial to both parties to resolve the matter.
- Based on the above parties’ investigation, the parties to this claim agree that the total sum of Forty-four Thousand Seventeen Dollars ($44,017.00) be paid by Respondent to the Claimant, O. C. Colan Associates, LLC, as a full and complete settlement; a compromise and resolution of all matters in controversy between the parties; and as a full and complete satisfaction of any and all past and future claims that the above Claimants have against the Respondent arising from the matters described in said claim. Further, the Claimants agree to dismiss, with prejudice, the claim in this matter and the Claimants shall be solely responsible for all subrogation claims, liens, health care costs, and all other obligations related to this claim. Further, the Claimants agree to defend and indemnify the Respondent from and against all such subrogation claims, liens, health care costs, and all other obligations related to this claim.
- The amount of $44,017.00 is fair and reasonable.
It is the opinion and recommendation of the Legislative Claims Commission that the Claimants should be awarded the sum of $44,017.00 in this claim.
Award of $44,017.00.