BELLEVILLE – A business owner has filed a lawsuit against developers for breach of contract, negligent service, and lack of supervision during the construction of a gas station, citing failure to provide agreed-upon services and materials, prolonged construction time, water contamination in storage tanks, and property damage.
Plaintiff Lou Benham filed the lawsuit in the St. Clair County Circuit Court against UPC Enterprises, LLC, manager Paul Gismegian, Hemann Excavating, Inc., and President Erik E. Hemann, citing breach of contract, negligent service, and lack of supervision
According to the lawsuit, Benham entered into an agreement with UPC Enterprises for the construction of a gas station. Benham claims the agreement included certain services and materials, such as cutting concrete, providing concrete saw rental, providing a concrete saw blade, providing a concrete breaker, and providing barricades. Despite the agreement, Benham claims that UPC failed to provide all services and materials. He claims he had to provide them himself at a cost of approximately $3,442, which was not reimbursed to him by UFC.
Benham claims that during negotiations with UPC, the defendant indicated that construction of the gas station would take approximately three-four months, which is the typical construction time for a gas station. Despite this, the project allegedly took 14 months to complete, with the defendant allegedly citing workforce inadequacies as being responsible for the significant delay. Benham claims that, according to profit forecasts, the delay in construction cost him $701,561.00 in lost profits.
Benham claims that in a separate incident, UPC installed three storage tanks intended to hold gasoline and fuel on the property. Shortly after installation, it was discovered that at least one of the storage tanks was full of water. UPC sent employees to remove the water from the fueling system but failed to remove all the water from the storage tanks. As a result, Benham's customers pumped water into their vehicles, causing $14,000 worth of damages that Benham had to pay.
During the development of the gas station, UPC subcontracted Hemann Excavating to dig out certain areas. Benham claims that during construction, Hemann crashed the excavator's lift bucket into the gas station's storefront and knocked a wall down. The cost to repair the wall and other related damages was approximately $65,756.00.
Benham is seeking compensatory damages and any other relief the court deems proper. He is represented in this case by attorney Ethan A. Campagna of the Scroggins Law Office, Ltd. in Granite City.
St. Clair County Circuit Court case number 2023LA001472