Kienstra seeks more than $1.6 million in breach of contract claim

Kelly Holleran Mar. 8, 2011, 10:00am

A St. Clair County concrete company is suing a basement building business for allegedly failing to pay for concrete.

Kienstra Precast LLC, doing business as Kienstra Concrete Products, filed a lawsuit Feb. 1 in St. Clair County Circuit Court against Best-Way Foundations Inc., Best-Way Realty LLC, Hess Enterprises LLC and Gulf Coast Poured Concrete Walls LLC. The company's various owners, John Hess III Revocable Trust, John Hess III, John Hess IV and Daniel Hess are also named as defendants.

Kienstra argues it entered into several verbal agreements with Best-Way, and its named alter egos, to provide concrete. Between February 2010 and June 2010 Kienstra says it received orders and delivered concrete to locations specified by Best-Way.

Kienstra claims Best-Way never paid for the concrete, despite the verbal agreement to do so. The company claims the amount owed was never disputed.

Kienstra is suing for breach of contract and asking for more than $1.6 million dollars in damages, plus interest.

Kienstra is represented by attorney B. Jay Dowling of Fairview Heights.

St. Clair County Circuit Court Case No. 11-L-54

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