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Monday, May 21, 2012

Deerfield store sued for remodeling costs

Updated: March 11, 2012 8:14AM



Several companies that remodeled an empty space at 250 S. Waukegan Road into Wonder!, a children’s store in Deerfield, are suing or considering suing the business for non-payment of more than $275,000 in bills.

A complaint was filed Feb. 2 on behalf of Lovering Electric Co. of Highland Park in Cook County Circuit Court, charging Wonder! and Shane Christensen of Lake Forest, its founder, with breach of contract and fraud.

Christensen did not respond to several calls for comment about the suit.

“Beginning on or about September, Lovering Electric as a subcontractor, was engaged by All Star Improvements and Renovations, Inc., (of Highwood) to provide electrical remodeling, installation, repair and replacement services at the real property on behalf of Wonder! LLC,” the law suit states.

“Not withstanding the work performed by Lovering Electric at the real property, Wonder! failed and refused to pay Lovering Electric the balance due for electrical services totaling $69,287.38.”

When Lovering Electric was first engaged, the 135,000-square-foot store was not open for retail business and had to be remodeled so Wonder! could get a certificate of occupancy from the village to conduct business, said Lovering’s attorney, Chicago-based Stephen Milott.

The workers rushed to renovate the store in 60 days so that it would be ready for the holiday season. Lovering hired five additional electricians and purchased extra electrical materials to meet the deadline, Milott added.

Up to the time the village issued a certificate of occupancy in October, Wonder! made partial payments for the work. But after the store opened, the money stopped, Milott said.

And now, several other businesses that performed work there also are considering suit. They include All Star Improvements and Renovations, Inc., which is owed about $170,000; Mahoney Plumbing of Highwood, about $36,000; and the Atlas Door Repair Company of Chicago, which is owed an unknown amount, he added.

“Everything was going fine until we got the temporary certificate of occupancy. Then in November, Christensen said he was going to have to go back to the investors for more money,” said Michael Lovering, owner of the business bearing his name.

“I’ve heard nothing from him since then. I’m very disappointed in Shane Christensen and in the Wonder! business,” he added.

The lawsuit also states that Christensen told Lovering that Christensen was not the kind of person who would fail to pay what he owed, a statement upon which Lovering relied. He continued working, paying his electricians and purchasing materials.

“In fact, the statements made by Christensen were knowingly false and (Lovering) relied upon those statements to his detriment,” the lawsuit alleged.

Peggy Mahoney, who co-owns Mahoney Plumbing with her husband Dan, noted that they worked hard to get Wonder! up and running.

“It’s a big place. There was lots to do and on a deadline, but we are a small business and were very happy to have the work, considering the economy,” she said.

Atlas Door Repair of Plainfield was contracted to make repairs on the store’s doors before it opened, company representative Don King said.

“And we had to scramble around with additional help and extra purchases, but after the bill started getting a little high ($28,000), we requested a payment, which they failed to make, and services were cut off,” King said.

Wonder! made two payments of $1,500 each in December, King said, but has refused to pay any more.

“We have filed liens and have an attorney as well,” he said.

Milott said it was a shame local companies could be strung along to the point Christensen obtained his certificate of occupancy.

“My people, who are just electricians, laborers and plumbers, have to pay the price for that,” he said. “I think it’s horrible what (Christensen) did, and I plan to have my clients made whole.”

Milott is asking for payment of the money owed, punitive damages, attorney’s fees and court costs.

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