Topeka contractor sues candy company in expansion project

(WIBW)
Published: Feb. 5, 2019 at 1:51 PM CST
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A Topeka contractor is seeking to collect more than $2.5 million from a candy giant for improvements construction it performed, a lawsuit filed in Shawnee County District Court said.

McElroy's Inc., 3310 S.W. Topeka Blvd., has sued Mars Wrigley Confectionery, formerly known as Mars Chocolate North America. Mars is a Delaware corporation. In Topeka, Mars Wrigley is located at 100 Mars Blvd.

As of Tuesday, Mars hasn't listed an attorney representing that corporation in the legal action. McElroy's Inc. is represented by James B. Biggs, a Topeka attorney.

The lawsuit was filed on Jan. 18, and was served on Mars five days after that. McElroy's is seeking $2.544 million from Mars Wrigley.

The case is assigned to District Court Judge Richard Anderson.

McElroy's performed work on the Mars Wrigley property from Jan. 25 to May 25, 2018.

In the lawsuit, McElroy's alleges breach of contract by Mars Wrigley, unjust enrichment against the defendant, and seeks enforcement of lien, the court filing said.

Besides the $2.544 million, McElroy's also is seeking payment of interest, costs and attorneys fees in the action.

The contract between McElroy's and Mars Wrigley said the total amount due to the contractor for the project was $5.586 million, the lawsuit said. McElroy's has been paid $2.837 million by Mars Wrigley, which is slightly more than half the amount owed, the lawsuit said.

McElroy's Inc. provides heating, air conditioning, and plumbing services.