DUBUQUE— 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 judge said in his April 30 order that the company didn’t prove it was contracted by the city to perform the work.