{
  "id": 5809011,
  "name": "Thorlief Larsen & Son, Inc., Claimant, v. The State of Illinois, Respondent",
  "name_abbreviation": "Thorlief Larsen & Son, Inc. v. State",
  "decision_date": "1991-05-15",
  "docket_number": "No. 89-CC-3279",
  "first_page": "334",
  "last_page": "337",
  "citations": [
    {
      "type": "official",
      "cite": "43 Ill. Ct. Cl. 334"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "42 Ill. Ct. Cl. 195",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        3174838
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-ct-cl/42/0195-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T21:36:42.826417+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Thorlief Larsen & Son, Inc., Claimant, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "ORDER ON MOTION FOR DISBURSEMENT OF AWARD\nMontana, C.J.\nThis cause coming on to be heard pursuant to Claimant Thorlief Larsen & Son, Inc.\u2019s motion for disbursement of award, and the Court being fully advised in the premises;\nNow therefore, it is hereby ordered that this Court\u2019s award of $407,086.91 to Claimant entered on June 8, 1990, be disbursed to the following payees in the following amounts and subject to the following requirements:\n(i) $150,000.00 to the Clerk of the Circuit Court of Cook County under Case No. 80-CH-9055, entitled Kleich & Galanis Kontractors, Inc. v. Thorlief Larsen & Son, Inc.\n(ii) $9,924.00 to Du-Al Floor Company, Inc., c/o its attorney, James B. Rice, 847 Highland Road, Frankfort, Illinois 60423 upon delivery to the Court of Claims by counsel for claimant of a certified copy of the order of the circuit court of Cook County, Illinois dismissing Du-Al Floor Company, Inc.\u2019s claim for a lien against public funds in the amount of $10,054.00,\n(iii) $24,938.96 to the Clerk of the Circuit Court of Cook County, Illinois under Case No. 80-CH-7643, entitled Bari Sewer & Water Company, Inc. v. Thorlief Larsen & Son, Inc. which was reinstated by the Court after having been dismissed,\n(iv) $27,935.00 to the Clerk of the Circuit Court of Cook County, Illinois under Case No. 85-CH-1770 entitled Engineered Erection Company, Inc. v. Capital Development Board of the State of Illinois and Thorlief Larsen & Son, Inc.; and\n(v) $194,288.95 to Thorlief Larsen & Son, Inc., representing the balance of this Court\u2019s award, to be disbursed after items (i) through (iv) have been disbursed and the Court is notified that Cook County Circuit Court case No. 80-CH-9055, entitled Kleich & Galanis Kontractors, Inc. v. Thorlief Larsen & Son, Inc., is resolved.\nORDER\nMontana, C.J.\nThis cause comes on to be heard on the second joint stipulation of the parties, due notice having been given, and the-Court being advised;\nThe facts of this case were set forth in our order entered herein on June 8, 1990. (42 Ill. Ct. Cl. 195.) We retained jurisdiction for several reasons including resolution of what the parties referred to as \u201cthe Separate Action\u201d which is now before us.\nThe parties\u2019 stipulation reads in relevant part as follows:\n\u201c1. This proceeding was commenced by the filing of a Complaint for recovery of a lapsed appropriation, pursuant to Section 790.50(d) of this Court\u2019s Rules.\n2. Pursuant to the Joint Stipulation of the Claimant and Respondent dated May 17, 1990 filed herein, the Court, by Order of June 8, 1990, awarded Claimant $407,086.91 and retained jurisdiction of the balance of Claimant\u2019s claim.\n3. Pursuant to the Joint Stipulation, the Capital Development Board (\u2018the CDB\u2019) agreed to process for payment the Authorized Extra Work, as defined in Paragraph 6 of the Joint Stipulation, and to review promptly and consider for approval the Undetermined Extra Work, as defined in Paragraph 6 of the Joint Stipulation.\n4. Claimant and Respondent have taken all actions required of them by the Joint Stipulation and the Court\u2019s Orders of June 8,1980 and October 25, 1990.\n5. Consequently, for purposes of this action, the CDB acknowledges and agrees that $101,717.40 is due Claimant as follows:\nOriginal Contract Amount $5,361,780.00\nPlus Approved and Agreed Change Orders $ 386,639.24\nNet Contract Amount $5,748,419.24\nLess Prior Payments $5,239,614.93\nLess Prior Court Award $ 407,086.91\nNet Contract Balance Due $ 101,717.40\n6. In the interest of reducing the time 'and expense of trial and in recognition of Claimant\u2019s right to payment, Respondent consents to the entry of judgment in favor of Claimant and against Respondent in the amount of $101,717.40.\u201d\nThis Court is not bound by such agreements and we cannot acquiesce in approving this one. As was fully explained in our order of June 8,1990, all of the lapsed funds available for the project have been paid out. That was the reason for the Court\u2019s reduction of a portion of the agreed amount awarded to the Claimant in the previous order. In this type of case the Court cannot approve an award in excess of the amount lapsed. To do so would be adding money to the project or making a deficiency appropriation. Appropriating funds is the sole prerogative of the General Assembly.\nAlthough we are constrained by law to disapprove the settlement, we have no quarrel with the amount of the settlement. But for the insufficiency of lapsed funds we would approve the settlement and award in the agreed upon sum. Claimant has stressed that both parties have agreed to an award. Even if we could make the award, payment would have to be approved by the General Assembly. The Court would not be authorized to direct immediate payment. (111. Rev. Stat., eh. 37, pars. 439.23, 439.24.) For purposes of potential consideration of this matter by the General Assembly, the Court finds that the services were performed to the satisfaction of the Capital Development Board, that the Capital Development Board agrees the money is owed, that the settlement appears to be fair, reasonable and reached pursuant to arms-Iength negotiations, and that but for the lack of funds Claimant would have been awarded $101,717.40.\nFor the reason stated above, it is hereby ordered that this claim be, and hereby is, denied.",
        "type": "majority",
        "author": "Montana, C.J. Montana, C.J."
      }
    ],
    "attorneys": [
      "Querry & Harrow, Ltd., for Claimant Thorlief Larsen & Son, Inc.",
      "Howard M. Turner, for Kleich & Galanis.",
      "Roland W. Burris, Attorney General (Erin M. O\u2019Connell, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 89-CC-3279\nThorlief Larsen & Son, Inc., Claimant, v. The State of Illinois, Respondent.\nOrder on motion for disbursement of award filed October 25, 1990.\nOrder filed May 15, 1991.\nQuerry & Harrow, Ltd., for Claimant Thorlief Larsen & Son, Inc.\nHoward M. Turner, for Kleich & Galanis.\nRoland W. Burris, Attorney General (Erin M. O\u2019Connell, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0334-01",
  "first_page_order": 446,
  "last_page_order": 449
}