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STARK EXCAVATING v. CARTER CONST. SERVICES

No. 4-11-0357.

967 N.E.2d 465 (2012)

359 Ill. Dec. 735

STARK EXCAVATING, INC., Plaintiff-Appellant, v. CARTER CONSTRUCTION SERVICES, INC., Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

March 28, 2012.

Attorney(s) appearing for the Case

Stanley N. Wasser (argued), Howard W. Feldman , Feldman, Wasser, Draper & Cox, Springfield, Robert J. Lenz , Attorney at Law, Bloomington, for Stark Excavating, Inc.

Kevin M. Colombo (argued), Saikley, Garrison, Colombo & Barney, LLC, Danville, for Carter Construction Services, Inc.

OPINION

Justice COOK delivered the judgment of the court, with opinion.

¶ 1 On September 23, 2010, plaintiff subcontractor, Stark Excavating Inc. (Stark), filed a third-amended complaint against defendant general contractor, Carter Construction Services, Inc. (Carter), alleging breach of contract for nonpayment of the following: (1) extra work for winter protection of the work site, (2) other authorized extras, and (3) retainage. The complaint also...

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