HBD Construction claims it is owed $3 million involving ESL senior center

By The Madison County Record | Jul 23, 2014

A construction company claims the owners of an East St. Louis property owe it more than $3 million for work it performed and materials it provided in construction of a senior center.

H.B.D. Construction filed a lawsuit July 10 in the St. Clair County Circuit Court against Eco Jazz, The Housing Authority of the city of East St. Louis, People’s Ventures, Swansea Building Products, East Lake/Central City, ESL Development Corporation, East Lake Management and Development Corporation, East Lake Management Group, Cole Taylor Bank and other unknown entities.

In its complaint, H.B.D. alleges it entered into two written contracts with Eco Jazz in which it agreed to act as the general contractor and to provide materials and labor in the construction of the Jazz and Mixed Use Senior Living at Walter Circle. In turn, Jazz agreed to pay H.B.D. for any materials and labor used in the project, according to the complaint. Since then, however, the defendants have failed to pay H.B.D. $3,876,761.25, the suit states.

Although H.B.D. has repeatedly demanded payment of the money, Eco Jazz has failed to reimburse the construction company, the complaint says. After failing to receive payment, H.B.D. Construction then filed a mechanic’s lien on the ground, real estate, building, sheds, fences, sidewalks, appurtenances and improvements of the defendants.

In addition to the money H.B.D. claims the defendants owe it, the company seeks pre-judgment interest, attorney’s fees, costs and other relief the court deems just.

It also seeks an accounting to determine the exact amount the defendants owe it, an order that Eco Jazz pay whatever sum is found after the accounting and a first and prior lien. In the case of a default of the money owed, H.B.D. is seeking the sale of the property, a foreclosure on the property that bars the defendants of interest to it, a deed that allows grantees immediate possession of the property and a deficiency that would account for an insufficient amount of sale of the property.

It is being represented by attorneys Brian E. McGovern and Andrew M. Lammert of McCarthy, Leonard and Kaemmerer in Town and Country, Mo.

St. Clair County Circuit Court case number 14-L-543.

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