Developer sues construction company for not buying 10 lots per contract

Kelly Holleran Feb. 18, 2009, 6:50am

Mascoutah Development has filed suit against JLP Construction, alleging it lost more than $330,000 after JLP failed to buy 10 lots it had agreed to purchase.

Mascoutah and JLP entered into a sales contract on Oct. 5, 2006, in which JLP agreed to buy 42 platted lots, according to the complaint filed Feb. 12 in St. Clair County Circuit Court.

However, JLP only bought 32 of the lots and failed to purchase the remaining 10 lots for $39,900 each, the suit states.

"Pleading hypothetically and in the alternative, pursuant to the Agreement, defendant's failure to perform entitles Mascoutah to liquidated damages in the amount of $25,000," the suit states.

In the two-count suit, Mascoutah is seeking a judgment in excess of $75,000, plus pre-judgment interest, attorney fees, costs and other relief the court deems just.

It is represented by Mark C. Goldenberg and Ryan J. Mahoney of Goldenberg, Heller, Antognoli and Rowland in Edwardsville.

St. Clair County Circuit Court case number: 09-L-0076.

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