COLLINS & HERMANN, INC. v. TM2 CONST. CO.

No. ED 90087.

263 S.W.3d 793 (2008)

COLLINS & HERMANN, INC., Busy Bee Paving, Inc., Construction Logistics Equipment Company and Lawrence Excavating, Inc., Respondents/Cross-Appellants, v. TM2 CONSTRUCTION COMPANY, INC., Defendant, and Union Electric Company, d/b/a AmerenUE, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

September 16, 2008.


Attorney(s) appearing for the Case

James R. Keller, James D. Maschhoff, Herzog Crebs LLP, St. Louis, MO, for appellant Union Electric Company d/b/a/ AmerenUE.

Richard A. Stockenberg, Michael J. Zpevak, Robert B. Preston, Gallop, Johnson & Neuman, LC, St. Louis, MO, for Amicus Curiae Lafarge North America, Inc.

Neil J. Maune, St. Louis, MO, for respondent/cross-appellant Collins & Hermann, Inc.

Martin L. Daesch, Katherine Michelle Massa, Sandberg, Phoenix & Von Gontard, P.C., St. Louis, MO, for respondent/cross-appellant Busy Bee Paving, Inc.

Before MARY K. HOFF, P.J., and SHERRI B. SULLIVAN, J., and GEORGE W. DRAPER III, J.


Opinion

PER CURIAM.

Union Electric Company d/b/a Ameren-UE ("AmerenUE") appeals from the judgment in favor of Collins & Hermann, Inc., Lawrence Excavating, Inc., Busy Bee Paving, Inc., and Construction Logistics Equipment Company (collectively "Subcontractors"). Subcontractors originally brought mechanic's liens against Ameren-UE when the general contractor, TM2 Construction Company, Inc. ("TM2"), did not fully pay them for work they performed...

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