Custom Foam Works sues over unpaid work on water park

Kelly Holleran Aug. 19, 2009, 1:37pm

An Illinois corporation says a contractor and an architect failed to pay it for work it performed at a water park.

Custom Foam Works filed a lawsuit Aug. 11 in Madison County Circuit Court against Hydrotech Systems and Aquatic Development Group.

Custom Foam Works claims it entered into a contract with Hydrotech and Aquatic Development to construct insulated wall panels at Massanuten Resort Indoor/Outdoor Water Park. Custom Foam Works entered into the contract on Jan. 13, 2005, according to the complaint.

In the contract, Hydrotech was named as the contractor and Aquatic Development was named as architect, while Custom Foam Works was named as subcontractor, the suit states.

In exchange for Custom Foam Works's work, It was to receive $508,103.20, the complaint says.

Custom Foam Works claims it began constructing the walls, but was informed on July 13, 2005, that its contract was terminated.

"Subsequently, Defendants failed to provide Plaintiff with payment as agreed to in the contract, as well as failed to pay for the materials and labor Plaintiff has already spent in performance of the contract," the suit states.

Claims in the suit include common law fraud and breach of contract.

In the four-count suit, Custom Foam Works is seeking a judgment of more than $200,000, plus attorney's fees, costs and other relief the court deems just.

Lloyd M. Cueto of the Law Office of Lloyd M. Cueto in Belleville and Christopher Cueto of the Law Office of Christopher Cueto in Belleville will be representing it.

Madison County Circuit Court case number: 09-L-289.

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