GENEVA – After four days of testimony in a trial where a blacktop contractor sued mayoral candidate Tom Simonian for not paying him nearly $127,000, Kane County Associate Judge Divya Sarang announced Thursday afternoon that the parties agreed to a settlement.
Sarang set April 13 for a next court appearance for status and to give an order dismissing the case.
In a text message responding to a request for comment, Simonian wrote, “We were advised by the courts not to share settlement info until April 13 when all documents are submitted and signed.”
Messages left with attorneys and the blacktop contractor were not immediately returned.
In 2017, Simonian hired Everlast Blacktop Inc. of Elgin to put in a new concrete driveway and deck and build a deck around the pool, court records show.
The contractor was to extend the driveway 13 feet, remove the existing asphalt, install a pool patio and two sets of staircases on each side of the swimming pool, records show.
The total cost was $236,938.41; Simonian paid $110,000 and was billed for the remainder, $126,938.41, according to court records.
Everlast filed its suit against Simonian on Feb. 28, 2018, court records show. The company also filed a mechanic’s lien against Simonian’s property at 921 S. Batavia Road, Geneva, with the Kane County Recorder of Deeds.
Simonian filed a counterclaim April 3, 2018 alleging the contractor did $200,000 in damage to his property, killed two oak trees and performed work he had not approved to be done.
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