Construction company denies allegations in breach of contract lawsuit

A construction company accused of failing to pay more than $400,000 for completed interior work is denying allegations against it in a Madison County suit.

According to the complaint filed Aug. 12, Hoelscher Interiors claims it had a contract agreeing to provide sheathing, thermal insulation, gypsum board and acoustical panel ceiling work more than three years ago for one of the defendant's projects. In turn, defendant Williams Brothers Construction Inc (WBCI) agreed to pay the plaintiff $1,788,600, the suit states.

During the course of the work, Hoelscher says it agreed to perform additional duties for an increased contract price of $2,162,985.51, the suit states. Although Hoelscher completed the agreed-upon work, Williams Brothers has allegedly failed to appropriately pay it.

“Williams Brothers has issued payments to Hoelscher totaling $1,756,739.41, leaving a balance due and owing under the subcontract in the amount of $406,246.10,” the suit states.

WBCI answered the complaint on Oct. 31 through attorney Stanley N. Wasser, James R. Keller and Brian Wacker of Herzog Crebs LLP in St. Louis.

It admitted that it entered into a contract agreement with the plaintiff, but says that Hoelscher failed to include a complete copy of the agreement with the complaint.

WBCI admitted that the parties agreed to modifications, but not to the scope that the plaintiffs are alleging, specifically referring to the alleged price increase.

The defendant argues that the “Subcontract & Change Order Claim Summary” filed by the plaintiff fails to “fully and accurately document the agreed modification to the scope of work which Hoelscher agreed to perform pursuant to its subcontract agreement.”

WBCI denied all other allegations against it.

Hoelscher also seeks pre-judgment interest at 10 percent interest per annum.

Michael J. Rowles, Steven M. Cockriel and Philip J. Christofferson of Cockriel and Christofferson in St. Louis represents the plaintiff.

Madison County Circuit Court case number 13-L-1355