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Woodstock School District 200 files lawsuit against Merryman Excavation Inc.

District alleges breach of contract

WOODSTOCK – School District 200 has sued Woodstock-based Merryman Excavation for breach of contract related to utility work at the Woodstock North High School building.

The school at 3000 Raffel Road was constructed after a public referendum was approved in 2006. Merryman was hired to complete utility work at the site of the school, which opened in 2008.

In 2013, the district discovered sinkholes on the property related to storm structure installations, according to District 200 documents.

Merryman began to make repairs but then stopped work and didn’t respond to District 200 inquiries, the district alleges. The district hired another company to make the repairs and wants Merryman to pay the $93,222.22 price tag.

The company has been unresponsive, Superintendent Mike Moan said.

“We have defaulted work that they have to pay for,” he said. “The contract specifies that they will pay for it.”

The district sent Merryman a request for payment in May, and no one has been in touch to date, Moan said Thursday.

Merryman officials weren't immediately available for comment Thursday.

The school board approved the suit at its Oct. 11 meeting and a summons was filed Tuesday at McHenry County Circuit Court. The parties are expected in court at 9 a.m. Nov. 17 before Judge Michael Caldwell.

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