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MADISON - ST. CLAIR RECORD

Saturday, April 27, 2024

Kolker enters default judgment against retaining wall company in suit alleging incomplete work

Lawsuits
Johnbaricevic

Baricevic

St. Clair County Circuit Judge Chris Kolker entered a default judgment against a retaining wall company after it failed to respond or appear at a status conference for a suit alleging it did not complete contracted work. 

Roger Hottenrott filed the complaint in the St. Clair County Circuit Court against Superior Retaining Walls & Excavating Inc. and Mike Wilson. The suit was filed through former St. Clair County Chief Judge John Baricevic of Chatham and Baricevic in Belleville. 

According to the complaint, Hottenrott entered into a contract with Superior Retaining Walls on May 26, 2020. The plaintiff claims he paid $171,376 for the work. However, he claims the defendant has failed to complete the contractual agreement and left some work incomplete, damaged and not in a good workmanlike manner. 

Hottenrott claims he demanded a refund or for the work to be completed on July 27, 2021. Then on Aug. 9, the defendant allegedly indicated that the project would be completed. The suit states the defendants have failed to complete the work or contact the plaintiff since August. 

Hottenrott claims the defendants had no intention of providing the work and goods according to the contract and demands his money to be returned. 

Kolker entered default judgement in favor of Hottenrott and against the defendants after they failed to respond to the complaint and failed to appear at an Oct. 25 status conference. Kolker set a hearing to determine damages on Dec. 6 at 9 a.m. 

St. Clair County Circuit Court case number 21-L-816

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