Section 105 Subcontractor's Petition for Damages for Breach of Contract, for Quantum Meruit, and to Enforce Mechanic's Lien

• Library: Construction Law 2004 Forms

In the Circuit Court of ____________ County, Missouri Circuit Judge Division

Subcontractor, )
                 )
                 Plaintiff, )
                 ) Cause No. ____________
                v. )
                 ) Division No. __________
                General Contractor, )
                 (Serve: _____________) )
                 )
                Owner, )
                 (Serve: _____________) )
                 )
                Deed of Trust Trustee, )
                 (Serve: _____________) )
                 )
                and )
                 )
                Other Claimants, )
                 (Serve: _____________) )
                 )
                 Defendants. )
                

Subcontractor's Petition to Enforce Mechanic's Lien Count I Breach of Contract Subcontractor v. General Contractor

1. Subcontractor (Subcontractor) is a __________ corporation in good standing and qualified to do business in Missouri. As such, it has the capacity to bring this suit.

2. General Contractor (General Contractor) is a _______________ corporation in good standing and qualified to do business in Missouri. As such, it has the capacity to be sued.

3. On or about __________________, General Contractor and Subcontractor entered into a contract whereby Subcontractor agreed to perform and supply labor and materials for [describe nature of subcontractor's work] ("the Work") located in _____________ County, Missouri, known as [state the name of the project] ("the Project"). In exchange and consideration for Subcontractor's Work, General Contractor agreed to pay Subcontractor the amount of $ ___________.

4. Subcontractor performed the Work, which was incorporated into the Project property. Owner owned the Project property at the time the subcontractor performed its work, and Owner continues to own the Project property. The Project property is more particularly described in Exhibit 1, which is attached hereto and incorporated herein ("the Property").

5. Subcontractor performed its Work in a good and workmanlike manner.

6. Subcontractor has performed all conditions precedent to General Contractor's obligation to pay Subcontractor for the Work Subcontractor performed on the Property under its contract with Subcontractor.

7. Although General Contractor has paid Subcontractor $ ____________ as partial compensation for the work, General Contractor has failed to pay the full amount owed for that work (the remaining unpaid work).

8. General Contractor now owes and is justly indebted to Subcontractor for the Work performed on the Property in the total amount of $ _________________ after giving General Contractor all just credits and setoffs.

9. Subcontractor has demanded that General Contractor pay Subcontractor the amounts stated in paragraph 8, but General Contractor has failed and refused to do so.

10. General Contractor's failure to pay Subcontractor the amounts demanded for the Work Subcontractor performed on the Property is a breach of General Contractor's contract with Subcontractor.

11. As a direct result of General Contractor's breach of contract for the Work described in paragraph 3, Subcontractor has been damaged by the loss of the unpaid contractual price for the Work in the total sum of $ ___________, plus lost use of that sum from _____________ to the present.

Wherefore, Subcontractor respectfully requests that judgment be entered in its favor and against General Contractor in the amount of $ _____________ plus interest at the legal rate from _______________ until payment is made, for all court costs, and for such other relief as this Court deems just.

[Note: If the factual circumstances warrant it, an original contractor or subcontractor should add allegations to this Count that would entitle it to receive attorney fees and 18% annual interest under Missouri's prompt payment law for private construction, § 431.180, RSMo 2000. The attorney fees and higher interest allowed by § 431.180 are only recoverable under this breach of contract count and are not recoverable as part of the...