Audit Services, Inc. v. Clark Bros. Contractors

Audit Services, Inc., assignee of the claims of certain employee benefit trust funds, brought an action against Clark Brothers Contractors in the Fourth Judicial District Court seeking to recover delinquent fringe benefit contributions, liquidated damages, interest, audit fees and attorney fees. Clark Brothers counterclaimed for a refund of contributions mistakenly made to certain of the trust funds. The District Court determined that Clark Brothers was entitled to a refund of the amounts mistakenly contributed, and Clark Brothers conceded that it owed Audit Services the amount claimed for…