Kelly Holleran Jun. 3, 2013, 1:21pm

A contracting company failed to pay more than $35,000 for ready mix concrete delivered to it, court documents say.

Central States, Southeast and Southwest Areas Pension Fund and Arthur H. Bunte Jr. as assignees of Illini Concrete filed a lawsuit May 10 in St. Clair County Circuit Court against Fournie Contracting Company.

In their complaint, the plaintiffs allege Fournie failed to pay Illini Concrete $37,825.29 for ready mix concrete delivered to it.

Fournie had ordered the concrete between April 7, 2009, and Oct. 21, 2009, and had requested that it be delivered to at least 32 different locations where Fournie was performing construction work, according to the complaint. Fournie had a house account with Illini Concrete and promised to refund the company at a later date for the materials, the suit states.

However, although Illini delivered the concrete to the different sites and sent subsequent invoices to Fournie, it failed to pay for the substance, the complaint says.

The plaintiffs allege breach of contract and unjust enrichment against Fournie.

In addition to the money they say Fournie owes them, the plaintiffs seek interest of 1.5 percent, plus other relief the court deems just.

Emily E. Gleason of the Central States Funds Law Department in Rosemont will be representing them.

St. Clair County Circuit Court case number: 13-L-251.

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