Roofing contractor claims partner pocketed payments

Andrea Dearden Jan. 19, 2012, 1:16am

The co-owner of a St. Jacob roofing company is suing his partner for allegedly pocketing payments intended for the company.

Repair It Right Company Inc. filed a lawsuit Jan. 10 in Madison County Circuit Court against Daryl Behlmann.

According to the complaint, Donald C. Noeltner and Behlmann created RIRC in March 2009 as equal partners. Behlmann was listed as the roofing company's secretary and was allowed to use a Repair It Right commercial credit account with ProBuild.

In several jobs tendered by Behlmann between June through October 2011, the defendant allegedly ordered materials on the Repair It Right account at ProBuild and instructed clients to make payments directly to him instead of the company. In each case, Noeltner claims Behlmann never turned the money over to the company. He also claims Behlmann charged personal items to the company's corporate credit card.

Noeltner says his business partner has failed to reimburse Repair It Right for any of the mishandled accounts or personal purchases.

Repair It Right accuses Behlmann of breach of fiduciary duty and fraud. It asks for a judgement of $10,000 in compensatory damages and $100,000 in punitive damages plus court costs. The company is represented by attorneys Jeffrey A. Mollet and Thomas G. DeVore, of Highland.

Madison County Circuit Court case No. 12-L-37

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