Woolpert seeks $407K from McEagle Properties over Shiloh landscaping

Kelly Holleran Apr. 12, 2011, 2:42am


An Ohio landscaping corporation filed suit against McEagle Properties that it claims failed to pay more than $200,000 for landscaping services in Shiloh.

Woolpert claims it entered into an agreement on Nov. 1, 2005, with defendant McEagle in which it agreed to provide professional land planning, landscape architecture, urban design and civil engineering services to McEagle.

Indeed, between November 2005 and September 2009, Woolpert provided the services. Later, it invoiced McEagle for services it provided, according to the complaint filed March 22 in St. Clair County Circuit Court.

However, McEagle failed to pay the total amount of money it owed by November 2009, the suit states.

On Nov. 10, 2009, McEagle entered into a forbearance, release and payment agreement with Woolpert in which McEagle agreed to make monthly payments to Woolpert to pay off its balance of $391,241.38, the complaint says.

McEagle timely made its payments in December 2009 and January, February, March, April and June 2010, but has failed to make any monthly payments since then, Woolpert claims.

"After allowing McEagle all just credits for the six installment payments made by McEagle to Woolpert prior to McEagle's default under the Forbearance Agreement, there is presently due to Woolpert from McEagle the principal amount of $386,871.53, plus accrued interest in the amount of $20,1152.52, for a total amount due under the Forbearance Agreement of $407,024.05," the suit states.

In addition to the money it says it is due, Woolpert is seeking attorney's fees and other relief the court deems just.

Frederick J. Ludwig of Husch Blackwell in St. Louis and Stephen M. Buck of Husch Blackwell in Peoria will be representing it.

St. Clair County Circuit Court case number: 11-L-144.

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