Stack to hear summary judgment motion in breach of contract suit

Amelia Flood Sep. 9, 2009, 2:31am

Madison County Circuit Judge Daniel Stack is scheduled to hear a move for summary judgment by a party in a breach of contract suit--a case which has sparked at least two counterclaims.

Defendant and counter-defendant Robert Kaplan as trustee of the Robert Kaplan trust, is seeking a summary judgment on intervener Pyramid Electrical Contracting Inc.'s claim for monies it claims to be owed as a sub-contractor.

The original suit was filed by Ellinger Winfield LLC, a contractor from Edwardsville.

The company sued the Kaplan trust for breach of contract. In its complaint, Ellinger Winfield claimed it entered into an oral contract with Kaplan for interior finishing work at the defendant's Edwardsville Retail Center property. The complaint claims that Kaplan still owes about $78,000 of an agreed to $312,800.

The suit seeks damages in excess of $50,000, pre-judgment interest, costs and attorneys' fees.

Pyramid filed to intervene in the suit and filed a counter complaint against Kaplan in the form of a mechanic's lien. Pyramid claims it is entitled to some of the monies owed to Ellinger Winfield due to its status as a subcontractor.

Kaplan contends that it should be granted summary judgment against Pyramid because Pyramid did not file a timely notice of its subcontractor status.

In its answer to Ellinger Winfield's claims, Kaplan denies charges and alleges that it has paid for the work. It further contends that the contract it had with the plaintiff was modified several times and that the work was not done in the time specified by the contractor.

The hearing is set for 1:30 p.m. on Wednesday.

Kaplan is represented by Lori DaCosse of O'Fallon.

Ellinger Winfield is represented by Dennis Orsey of Granite City.

Pyramid is represented by David Antognoli of Edwardsville.

The case is Madison case number 08-L-894.

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