Andrea Dearden Nov. 26, 2013, 8:48am

The construction company in charge of building a science lab in Edwardsville is accused of not paying a subcontractor more than $1.4 million.

Hamilton Scientific LLC and the State of Illinois Capital Development Board for the use and benefit of Hamilton Scientific, filed a lawsuit Nov. 13 in Madison County Circuit Court against Williams Brothers Construction Inc., BJB Enterprises Inc., Zurich Insurance Company and Fidelity and Deposit Company of Maryland. The State of Illinois Capital Development Board is also named as a defendant.

According to the complaint, Williams Brothers was hired by the Capital Development Board to build a new science building and laboratory for Southern Illinois University's Edwardsville campus. A payment bond was allegedly obtained from the Board's guarantors, Fidelity and Zurich, to ensure full payment to subcontractors for the project.

Hamilton Scientific claims it was hired to do casework on the laboratory and install fume hoods. The sub-contractor says it fulfilled all the obligations it agreed to but did not receive the money it was owed. Hamilton Scientific says it is still due more than $1.4 million, including interest.

The Board placed a lien on the funds owed to Williams Brothers for its original contract because of Hamilton Scientific's claim of failure to pay, according to the complaint. Hamilton Scientific asks for a judgment to remove the lien and be awarded what it is owed in addition to interest and court costs. Williams Brothers and BJB are accused of breach of contract.

Hamilton Scientific is represented by attorneys Daniel T. Graham and Kyle P. Kickert, of Chicago, and Jay M. Berger and Scott D. Garbo of Detroit. They request a jury trial.

Madison County Circuit Court Case No. 13-L-1897

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