Kienstra Precast sues over $163k in unpaid services

Kelly Holleran Aug. 31, 2009, 10:51am

An Illinois company says it was not paid more than $50,000 for work it performed.

Kienstra Precast filed a complaint Aug. 26 in Madison County Circuit Court against Edward A. Akers II, Donna Christine Akers, Richard Scott Myers and Patrice A. Myers.

River Bend Contractors hired Kienstra to provide it with goods and services for projects known as Pierce Lane, 17th Street, Glaze Brook and Third Street projects.

However, River Bend failed to pay Kienstra $163,289.88 for the goods and services it performed, according to the complaint.

Before River Bend contracted with Kienstra, Nova Casualty Company had issued surety bonds in favor of River Bend for the various projects, the suit states.

Nova Casualty Company was to be indemnified from any claims made upon the surety bonds by Donald Barton Sr. and by Donald Barton Jr., the complaint says.

So, when Kienstra initiated collection proceedings against Nova Casualty Company and against River Bend, Nova Casualty Company demanded the defendants and Donald Barton Sr. satisfy Kienstra's claim, it alleges.

On March 16, 2007, Kienstra reached a settlement agreement with River Bend and Donald Barton Sr. and the Barton Family Limited Partnership II, according to the complaint.

Under the terms of the agreement, Donald Barton Sr. assigned all his rights of contribution against the defendants named in the Aug. 26 suit. Also in the settlement, Kienstra was paid $103,592.40, the suit states.

Now, Kienstra claims the defendants owe it the remaining $54,463.34 it was not paid in the settlement, in addition to interest, costs, attorney's fees and other relief the court deems just.

Anthony J. Soukenik, Philip J. Lading and John W. Jordan of Sandberg, Phoenix and Von Gontard in St. Louis will be representing it.

Madison County Circuit Court case number: 09-L-887.

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