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35 Ill. Ct. Cl. 202

John D. Simpson Construction Co. v. State

Court of Claims of Illinois

Decided May 17, 1982

Court of Claims of Illinois · decided 1982-05-17

Decided 1982-05-17

Poch, J.

¶1This cause comes before the Court on a joint stipulation submitted by the parties hereto. The parties have agreed to an entry of an award in the amount of $6,181.27. We concur.

¶2Claimant, John D. Simpson Construction Company, was hired by the State of Illinois Department of Transportation (IDOT) to repair the McDonough Street Bridge and bridgehouse (bridge) in Joliet, Illinois.

¶3The bridge had been damaged on April 9, 1976, to such an extent that it was unusable by vehicular and pedestrian traffic. In addition, the movement of river traffic was impaired.

¶4Because of the emergency nature of the repairs, a contract was let to Claimant under exemption (3) of section 6 of the Illinois Purchasing Act (Ill. Rev. Stat. 1979, ch. 127, par. 132.6). Thereunder, IDOT was not required to let the job out under competitive bidding procedures.

¶5At the time of Claimant’s contract, it was estimated that repair costs would be. around $65,000.00. The total cost of repair however was $71,759.07. IDOT has paid $65,577.80 to Claimant, leaving a balance due of $6,181.27.

¶6When payment was not forthcoming, Claimant filed this action against the State which after amendment sought the sum of $9,556.13 representing the balance of the repair costs plus interest.

¶7IDOT has reviewed the additional costs incurred by Claimant in its repair and has found them to be fair and reasonable.

¶8In agreeing to the stipulated award, the Claimant has waived its rights to any interest attributable to IDOT’s failure to pay the balance of the repair costs.

¶9The Court having reviewed the stipulation together with the supporting documentation attached thereto agrees that an award should be entered.

¶10It is hereby ordered that an award of $6,181.27 (six thousand one hundred eighty one dollars and twenty seven cents) be, and the same hereby is, entered on behalf of John D. Simpson Construction Company in full and final satisfaction of any and all claims which are the subject matter of the complaint herein.

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