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Contractor sues former Geneva alderman, mayoral hopeful

Simonian countersues contractor, alleging $200K in damage

A contractor is suing former Geneva alderman and past mayoral candidate Tom Simonian for nearly $127,000. Simonian is countersuing, alleging that the contractor caused $200,000 in damage to his property.
A contractor is suing former Geneva alderman and past mayoral candidate Tom Simonian for nearly $127,000. Simonian is countersuing, alleging that the contractor caused $200,000 in damage to his property.

GENEVA – Former alderman and 2016 mayoral candidate Tom Simonian is being sued for $126,000 by contractor Jason Vega, who says he is owed for work done on Simonian’s property in Geneva, court records show.

Simonian is countersuing Everlast Blacktop Inc., asserting that he does not owe the money, but that the contractor caused more than $200,000 in damage to his property, court records show.

Everlast Blacktop Inc., owned by Vega, filed a mechanic’s lien for foreclosure Feb. 28 against the property in the 900 block of South Batavia Road, Geneva, seeking to force a sale of the property to pay the contractor if Simonian does not pay what the company says is owed.

Everlast Blacktop Inc. also filed a lien against the property on Jan. 25, filing it with the Kane County Recorder of Deeds. Simonian filed his countersuit April 3. Both sides are to appear in court June 14.

“I made the guy’s house look beautiful and he did not want to pay me,” Vega said.

Simonian said he would have preferred that they try to work it out between themselves.

“He chose to take the path of lawyers and courts,” Simonian said. “And since he felt compelled to go that route, I have to do the same and protect my interest.”

According to the specifications of the project, Everlast Blacktop Inc. was hired to put in a new concrete driveway and deck and build a deck around the pool, court records show.

According to the specifications, the driveway was to be extended to 13 feet long, asphalt was to be removed and hauled off-site, and a pool patio and two sets of staircases on each side were to be installed for the swimming pool, records show.

Simonian signed the contract May 30, 2017, court records show.

The total cost was $236,938.41. Simonian paid $110,000 and was sent an invoice for the remainder, $126,938.41, according to the lawsuit.

In his complaint against Everlast Blacktop Inc. and owner Vega, Simonian’s countersuit alleges that he overpaid $4,000 and was overcharged $126,938.41 in the final invoice.

Simonian also asserted that the contractor “allegedly performed certain other work that while in some instances was suggested to, requested by or discussed with Simonian, was never agreed to by Simonian as a separate charge … and for which [the contractor] never provided any price quotes.”

The unapproved work includes installation of 60 tons of stone to the driveway addition, 100 tons of gravel to turn the driveway addition, and 150 tons of gravel to raise the grade of the existing pool and install two sets of staircases on each side of the swimming pool.

Simonian’s countersuit asserts that the contractor breached the contract in that he failed to install a concrete pad properly and failed to use 6 inches of gravel as the base of the concrete, among other items.

The countersuit also alleges that Everlast Blacktop Inc. destroyed two mature oak trees and damaged shrubbery and the lawn, damaged newly installed concrete, damaged the pool and put in a stamped concrete patio in two different colors, among other items.

Simonian’s countersuit also claims Everlast Blacktop Inc. committed consumer fraud for doing work without a written estimate or work order detailing what was to be done and prices to be charged.

Simonian’s countersuit also charges that the contractor’s lien on the property is invalid, asserting that, “Vega maliciously signed and recorded [Everlast Blacktop Inc.]’s mechanics lien with knowledge that the contents thereof were materially false and that no amounts were owed … as stated therein.”

Simonian’s countersuit does not state a dollar amount being sought other than punitive damages, attorney’s fees and costs and “further relief as is deemed equitable and just.”

Vega’s attorney declined to comment. A voicemail message left for Simonian’s attorney was not returned.

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