A 2007 dispute between a construction company and a sub-contractor will be heard in a bench trial Monday before Madison County Circuit Judge Daniel Stack.

Plaintiff Moniger Excavating Company Inc. is suing Gleeson Asphalt for damages of at least $200,000, costs and attorneys' fees for what it claims was a broken contract.

Gleeson denies Mongier's charges.

According to its complaint, Moniger gathered sub-bids and submitted an overall estimate for work to be done on the village of Alorton's Race Horse Business Park Project in March 2006.

Gleeson submitted a sub-bid to Moniger to do paving and roadway work. The sub-bid was $548,000. Alorton designated Moniger and its subcontractors including Gleeson as those working on the site.
The plaintiff claims that in September 2006, Gleeson requested a progress pay-out of $13,356. Moniger paid that amount.

Two months later, in November 2006, Gleeson notified Moniger that it would abandon work on the Alorton project unless the construction company agreed to increase Gleeson's sub-bid payout by an additional $38,000.

Moniger refused and told Gleeson that it would seek another paving company if Gleeson did not complete its part of the work. In the end, Gleeson abandoned work on the project and another paving company completed it.

Moniger is suing for breach of contract. Gleeson argues that no enforceable contract exists.

John J. Gazzoli is representing Moniger.

Kevin Hoerner is representing Gleeson.

The case is Madison case number 07-L-033.

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