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MADISON - ST. CLAIR RECORD

Friday, April 19, 2024

Edwardsville school district sues contractor over construction nonconformities

Sivia

An Edwardsville school district alleges one of its hired contractors refused to fix mistakes in its work, leaving two of its elementary schools sitting dormant.

Edwardsville Community Unit School District No. 7 filed a lawsuit Aug. 3 in Madison County Circuit Court against K&S Associates.

In its complaint, Edwardsville Community Unit School District No. 7 alleges it hired on Sept. 6, 2007, K&S Associates to construct the Goshen and the Cassens Elemenatary Schools.

After the schools were built, Edwardsville Community Unit School District No. 7 found several nonconformities in the construction that it requested K&S Associates fix, according to the complaint. However, K&S Associates refused to correct the problems, the suit states.

"K&S breached the construction contract by failing to complete the work under the construction contract in a good, workmanlike manner, and in strict conformance with the contract documents," the complaint says.

As a result, Edwardsville Community Unit School District No. 7 claims it will be forced to hire additional construction workers to complete construction of the schools. In addition, it has not been able to utilize some of its facilities for more than three years, according to the complaint.

In its complaint, Edwardsville Community Unit School District No. 7 seeks actual and compensatory damages of more than $100,000, plus pre-judgment interest, attorneys' fees, costs and other relief the court deems just.

Jack H. Jones Jr., Todd W. Sivia and Erin M. Doyle of Sivia Business and Legal Services in Edwardsville will be representing it.

Madison County Circuit Court case number: 11-L-763.

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