Boling Concrete Construction of Missouri filed suit against Osborn Development of Collinsville claiming it failed to pay for street construction in the Stonebridge subdivision.

According to the complaint filed Aug. 28 in Madison County Circuit Court, the two companies entered in to an agreement on Oct. 17, 2005.

Boling claims it billed Osborne $412,785.98, however they were only paid $350,000 leaving an unpaid balance of $62,785.98.

The suit also claims that due to the breach of contract Osborne has been unjustly enriched.

"Osborne has failed and refused to pay Boling in full despite Boling's demand for payment," the complaint states.

Represented by Steven Cockriel of St. Louis, Boling is seeking $62,795.98, plus statutory prejudgment interest at the rate of 55 per annum, costs and attorney fees.

06 L 725

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