Excavator accused of not paying for dirt

Kelly Holleran Mar. 14, 2012, 2:37pm

A quarry company claims it has lost more than $90,000 after a company failed to pay for fill dirt supplied to it.

Falling Springs Quarry Company filed a lawsuit Feb. 23 in St. Clair County Circuit Court against Clark Trucking and Excavating and William Clark.

In its complaint, Falling Springs alleges it sold and delivered dirt to Clark. However, Clark has failed to pay for all of the materials supplied to it, according to the complaint.

"Defendant owes Plaintiff the sum of $99,164.74 plus interest for the material received," the suit states.

Although Falling Springs has demanded the money from Clark, he has failed to pay it, the complaint says.

In addition to the money it says Clark owes it, Falling Springs seeks pre-judgment interest, costs, attorney's fees and other relief the court deems just.

Deanna L. Litzenberg of Mathis, Marifian and Richter in Belleville will be representing it.

St. Clair County Circuit Court case number: 12-L-105.

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