Judge dismisses excavation company’s lawsuit against Dubuque

DUBUQUE, Iowa (AP) - A judge has dismissed an excavation company’s lawsuit against the city of Dubuque.

Mark Fondell Excavating Inc. said in its July 2015 lawsuit that the city owed it nearly $1 million for work it says it performed in 2010 on the city’s waste pollution control plant. The lawsuit said the company was hired as a subcontractor and that city officials demanded it perform work not covered under the general contractor’s agreement.

The excavating company says it provided more than $934,000 in unspecified labor and materials outside its subcontract agreement.

The Dubuque Telegraph Herald reports (https://bit.ly/1To9nTn ) that the judge said in his April 30 order that the company didn’t prove it was contracted by the city to perform the work.

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Information from: Telegraph Herald, https://www.thonline.com