Restoration company sues hotel operator over roofing project

Andrea Dearden Sep. 11, 2012, 2:45am


A restoration company says the owners of a Fairview Heights motel owes more than $17,000 after canceling a roofing project.

Olneya Restoration Group filed a lawsuit against Jinjay Hospitality Inc., doing business as America's Best Value Inn, on Aug. 27 in St. Clair County Circuit Court.

On May 3, Olneya Restoration says it entered into a contract with Jinjay Hospitality. According to the petition, Olneya agreed to provide roofing materials and labor in exchange for $69,833 to be paid by Jinjay.

Olneya says the contract, allegedly signed by both parties, required Jinjay to pay 25 percent of the contracted price if the contract was canceled "later than three (3) business days but prior to commencement of work." The defendants also allegedly agreed to pay a penalty of 18 percent per annum on any unpaid amount in addition to all attorney fees and legal costs.

Olneya says Jinjay canceled the contract later than three business days from execution and prior to the start of roofing work. The company says the defendant has a contractual obligation to pay $17,458. The restoration group contends Jinjay has failed to pay that amount and has, therefore, breached the contract with Olneya.

Olneya Restoration is asking to be awareded $17,458 plus interest, attorney fees and court costs.

Attorney Jason W. Kinser with Behr, McCarter and Potter in St. Louis is representing the company. They demand a jury trial.

St. Clair County Circuit Court Case No. 12-L-445

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