Kelly Holleran Jan. 2, 2015, 8:51am

A Waterloo man has sued the contractor whom he alleges failed to perform construction in a timely manner.

Michael's on Market of Waterloo and Michael Conrad allege they hired defendant James C. Warren doing business as Warren Exterior and Remodeling to construct a restaurant. Conrad paid Warren an initial payment of $4,000 and continued to pay him $3,000 every two weeks, according to the complaint filed Dec. 18 in St. Clair County Circuit Court.

However, Warren has failed to make reasonable progress on the project and failed to provide adequate oversight and supervision to his employees and subcontractors, the suit states. In addition, Warren made $9,026.20 worth of purchases using Conrad's credit card to buy tools but has kept the tools, the complaint says.

"As a result of defendant's refusal to perform, defendant is in breach of the contract, and Michael's on Market has been damaged in the amount of $75,028.62, plus court costs," the complaint says.

Conrad seeks $159,083.44 and a judgment of less than $150,000, plus costs and other relief the court deems just.

Attorneys George E. Marifian and Laura E. Schrick, of Mathis, Marifian and Richter in Belleville, will represent Conrad.

St. Clair County Circuit Court case number: 14-L-792.

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