Still no verdict in Edwardsville lawyer's dispute with contractor

Amelia Flood Aug. 3, 2009, 3:44am

No verdict has been entered yet in the non-jury trial of a dispute between an Edwardsville attorney and the contracting company he hired to build retaining walls around his home.

Madison County Associate Judge Clarence Harrison II is scheduled to hear motions Aug. 21 at 8:30 a.m. in the case of Lee Services Inc. vs. Earl Vuagniaux.

Plaintiff's counsel Todd Sivia filed a motion for sanctions against Vuagniaux July 24. The motion contends that the Edwardsville attorney, who is representing himself in the suit, has failed to respond to discovery requests.

Vuagniaux and his wife, Alice, are named as the defendants in the suit over about $14,700.00. Leroy Horvath II, who owns Lee Services, testified during the start of the trial that his company had been hired by Vuagniaux to rebuild retaining walls at his property.

According to Horvath, the two men entered into an oral contract that specified his company would be paid per hour for labor, per hour for the operation of machinery, costs of materials and a 10 percent mark-up on those materials.

According to Horvath's testimony, Vuagniaux made payments before demanding to see receipts, tax returns and other documents about the costs. The two men entered into the contract April 30, 2007.

By early June, the two had severed the contract due to differences over the cost of the project. Vuagniaux, however, failed to pay the remaining balance.

Horvath sued for the remaining $14,700.00, costs and attorneys fees.
No verdict in the non-jury trial had been entered in the court docket as of July 31.

The case is Madison case number 08-CH-247.

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