second Chicago tour. In order to comply with the School District's request, Titan was required to spend additional time redesigning the interior dimensions and making new structural calculations for the three school buildings.
17. At the specific request of the School District, Titan prepared a model of a typical Titan-type school for the School District's use in connection with a television presentation. It cost Titan $2,528.58 to prepare that model, and the School District intended to reimburse Titan for that expense.
18. On or about June 15, 1972, Titan completed the performance of its services for the School District.
19. The fair market value of the services performed by Titan on behalf of the School District, during the period of approximately January 19, 1972, to June 15, 1972, is $68,500. This figure is the sum of the following elements:
(a) $49,500 for professional services in the preparation of drawings and specifications;
(b) $5,000 for the preparation of the complete set of final specifications;
(c) $9,000 for the preparation of equipment lists; and
(d) $5,000 for the additional work Titan performed in order to comply with the requested architectural change.
20. The three school projects which Titan had designed were advertised by the School District for public bidding on or about June 15, 1972. The advertisement was based on the drawings, specifications and equipment lists which Titan had prepared.
21. On or about July 18, 1972, the School District suspended the bidding for the three school projects. Those projects, as designed by Titan, were never built, and Titan was never afforded an opportunity to bid on those projects.
22. The bidding on the three projects was suspended by the School District as a result of its being informed by the Department of Education of the Commonwealth of Pennsylvania, in July, 1972, that the Commonwealth would not subsidize the three projects. The Commonwealth's decision was based on the Pennsylvania Department of Education's belief that the proposed single contract award would contravene § 7-751's requirement of four prime contractors, and that the Titan projects did not fall within § 7-751's prefabrication exception.
23. Titan has never been paid for any of the services it rendered to the School District as described above.
Titan's amended complaint contains six counts which set forth alternative theories of recovery based on the same set of facts. Count I alleges that Titan and the School District entered into an oral agreement wherein the School District agreed to pay for Titan's services, and that the School District breached that agreement when it refused to pay Titan. In Counts II and III, Titan seeks the fair and reasonable value of its services based on the theories of quantum meruit and unjust enrichment, respectively. Count IV alleges that Titan and the School District entered into an oral agreement wherein the School District agreed, in consideration for Titan's services, to give Titan the opportunity to bid on the projects for which Titan had prepared the drawings, specifications and equipment lists, and that the School District breached that agreement. Count V alleges that, in reliance upon the School District's promise that it would give Titan the opportunity to bid on the projects, Titan performed substantial services for the School District, and that it breached that promise. Count VI alleges that the School District was negligent in instructing Titan to proceed with the projects, without first having made appropriate inquiries as to whether reimbursement would be available from the Pennsylvania Department of Education, and in informing Titan that there would be no legal impediment to a single contract, as opposed to a four prime contract, award. Finally, as allegedly developed at trial, Titan contends that it is entitled to recover on the theory of misrepresentation.
With respect to Titan's contentions that it is entitled to damages based upon the alternative theories of breach of oral agreement (Count I), quantum meruit, unjust enrichment, promissory estoppel, negligence and misrepresentation, the Court believes that the evidence does not support a recovery based upon any of those theories. The Court does believe, however, that the evidence clearly supports a recovery based upon breach of the oral agreement alleged in Count IV. A review of the testimony and the exhibits reveals that, at the January 19 "kick off" meeting and at subsequent meetings, Titan and the School District agreed that, in return for Titan's services, the School District was to afford Titan the opportunity to bid on three school building projects and that the "bid documents" were to be based on Titan's work product. The evidence further shows that Titan's services, as agreed to at the January 19 meeting and as further developed through the Spring of 1972, were to include the preparation of drawings, specifications and equipment lists for two school buildings and an addition to a third school building. That agreement was breached when the School District withdrew the three projects from public bidding. For the breach of that agreement, Titan is entitled to recover the reasonable value of the services it rendered to the School District.
The School District contends that even if there was an oral agreement to the effect that, in consideration for Titan's services, Titan would be given the opportunity to bid on the projects, Titan still may not recover since there was no written contract between the parties approved by the Board of Education at a formal board meeting. In support of this contention, the School District principally relies upon the Public School Code of 1949, 24 P.S. § 5-508 (Supp. 1976), which provides in pertinent part:
The affirmative vote of a majority of all the members of the board of school directors in every school district, duly recorded, showing how each member voted, shall be required in order to take action on the following subjects: --