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Company alleges builders failed to pay subcontractors for construction of McDill's Irish Pub

MADISON - ST. CLAIR RECORD

Friday, January 31, 2025

Company alleges builders failed to pay subcontractors for construction of McDill's Irish Pub

Lawsuits
Briankalbnew

Kalb

EDWARDSVILLE - McDill Incorporated is suing R & W Builders, Inc. for allegedly failing to pay subcontractors for construction of a project and keeping payments for themselves. 

McDill Incorporated filed the lawsuit in the Madison County Circuit Court against R & W Builders, Inc. and R & W president Jill Rutter, citing a breach of contract and fraud.

According to the lawsuit, McDill entered into a contract on Dec. 23, 2020, hiring the defendants to construct McDill's Irish Pub. McDill claims that as a general contractor, it was the defendants' responsibility to pay subcontractors for labor and materials.

The lawsuit states that McDill received a notice from EPS-Energy Panel Structures, Inc. stating that it intended to place a lien on the property over a past due amount of $122,910.83 for labor and materials. McDill alleges that all payments owed to EPS was paid to the defendants and that, instead of paying EPS, the defendants kept the payments for themselves. The lawsuit also states that the defendants failed to pay subcontractors approximately $6,000 for steel materials.

The plaintiff terminated the contract with R & W on Jan. 31, 2022, due to the defendants' failure to rightfully pay the subcontractors, according to the lawsuit. 

McDill is demanding that R & W pay damages in excess of $50,000 along with court costs, and any relief the court deems proper. McDill is represented in this case by attorneys Brian R. Kalb and Erin K. Kennedy of Byron Carlson Petri & Kalb, LLC in Edwardsville.

Madison County Circuit Court case number 2022LA000337

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