Fournie Contracting sued over Madison County Route FAI 270 work

Annie Cosby May 1, 2014, 3:36pm

A Missouri company is suing over claims a contractor failed to pay a subcontractor.

Microsurfacing Contractors LLC, filed a lawsuit April 8 in the Madison County Circuit Court against Fournie Contracting Inc. and Karen Fournie, citing breach of contract, unjust enrichment and fraudulent misrepresentation.

According to the complaint, Microsurfacing Contractors entered into an agreement with Fournie Contracting on July 11, 2012, to perform work on Madison County Route FAI 270. Microsurfacing Contractors says they paid Fournie over $300,000, for which Fournie tendered lien waivers in return.

The lawsuit says Fournie then contracted Kinney Contractors, Inc. for some of the work, for which Kinney invoiced Fournie $172,000. The lawsuit says Fournie then invoiced Microsurfacing Contractors for that, who paid, reliant on the lien waivers.

According to the plaintiff, Fournie paid Kinney only $90,700 of the full amount, causing Kinney to cause a lien on public funds to become due to plaintiff in the amount of the remaining balance.

Microsurfacing Contractors is seeking the remaining $81,200 balance and attorney's fees.

It is being represented in the case by attorney Jason W. Kinser of Behr, McCarter & Potter, P.C.

Madison County Circuit Court Case No. 14L548.

This is a report on a civil lawsuit filed in the Madison County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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