Divane Bros. Electric Co. v. State

Court of Claims of Illinois

Divane Bros. Electric Co. v. State

35 Ill. Ct. Cl. 257, 1981 Ill. Ct. Cl. LEXIS 116

CourtCourt of Claims of Illinois

DecidedOctober 16, 1981

DocketNo. 80-CC-0126

StatusPublished

This text of 35 Ill. Ct. Cl. 257 (Divane Bros. Electric Co. v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Divane Bros. Electric Co. v. State, 35 Ill. Ct. Cl. 257, 1981 Ill. Ct. Cl. LEXIS 116 (Ill. Super. Ct. 1981).

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Opinion

Roe, C.J.

This Court finds that this claim sounding in contract is for damages caused by delays and change orders caused by the Respondent. The Claimant and Respondent entered into a contract on July 17, 1977, for electrical work to be done in the State Capitol. The work had to be delayed at various times in order to accommodate the meeting and work of the General Assembly.

The Claimant and Respondent have filed a joint stipulation in which they agree that this claim should be settled for $50,000.00.

Although not obligated to honor this settlement agreement, when such agreement appears to be based on sufficient facts and to be just and reasonable, we may accept it as a basis for an award.

It is hereby ordered that the sum of fifty thousand dollars and no cents ($50,000.00) be awarded to Claimant in full satisfaction of any and all claims presented to the State of Illinois under the above captioned cause.

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Roe, C.J.

This Court finds that this claim sounding in contract is for damages caused by delays and change orders caused by the Respondent. The Claimant and Respondent entered into a contract on July 17, 1977, for electrical work to be done in the State Capitol. The work had to be delayed at various times in order to accommodate the meeting and work of the General Assembly.

The Claimant and Respondent have filed a joint stipulation in which they agree that this claim should be settled for $50,000.00.

Although not obligated to honor this settlement agreement, when such agreement appears to be based on sufficient facts and to be just and reasonable, we may accept it as a basis for an award.

It is hereby ordered that the sum of fifty thousand dollars and no cents ($50,000.00) be awarded to Claimant in full satisfaction of any and all claims presented to the State of Illinois under the above captioned cause.

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Bluebook (online)

35 Ill. Ct. Cl. 257, 1981 Ill. Ct. Cl. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/divane-bros-electric-co-v-state-ilclaimsct-1981.