Gleeson Asphalt sues Edwardsville School District 7, others, over unpaid contract

Kelly Holleran Dec. 31, 2008, 7:45am

Gleeson Asphalt has filed suit against Edwardsville Community Unit School District No. 7, Morrissey Construction Company and Fidelity and Deposit Company of Maryland, alleging it did not receive the money it was due after it paved a section of the school district's land.

After entering into a contract with the Board of Education of Community Unity School District No. 7 in Edwardsville on Aug. 8, 2007, Morrissey Construction Company entered into another contract with Gleeson Asphalt on Oct. 29, 2007, according to the complaint filed Dec. 23 in Madison County Circuit Court.

According to the contract, Gleeson Asphalt was to "furnish and provide all work, materials, sales tax, services, tools, labor, equipment, supervision, layout, insurance, clean up and supplies necessary or required to fully do, perform and complete…the following work on the property described above: All Asphalt paving complete, including but no limited (to), all bituminous concrete pavement complete, all granular fill/rock under bituminous pavement complete," the suit states.

Although Gleeson Asphalt claims it fully performed all that was required in the contract, it has not been paid $72,852.91.

"All of the material, services and labor furnished by the plaintiff were delivered to, and accepted for, the improvement, and constitute a permanent and valuable improvement of the premises," the suit states.

On March 28, 2007, Gleeson Asphalt filed for a mechanics lien on the Edwardsville Community Unit School District No. 7 on which it worked, according to the complaint.

The company sent the defendants notice of its claim for a mechanics lien on Sept. 24 with return receipt requested on that portion of the money, bonds or warrants, it claims.

However, the school district, Morrissey Construction Company and Fidelity and Deposit Company of Maryland still have not paid the amounts, according to the complaint.

Gleeson Asphalt is seeking an order that grants an accounting be taken as to the amounts due it, an order that the company be entitled to a mechanic's lien upon the funds it is due, an order that the defendants pay Gleeson whatever sum is found to be due, plus interest and costs and other relief the court deems just.

Sean K. Cronin of Becker, Paulson, Hoerner and Thompson in Belleville will be representing the company.

Madison County Circuit Court case number: 08-L-1217.

More News