The Florida Record Apr. 1, 2016, 9:34pm


FORT MYERS – An electrical materials supplier is suing a construction contract manager over allegations that it is owed for materials.

Stuart C. Irby Co. filed a complaint on March 18 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Western Surety Co. and Brooks & Freund LLC, citing alleged breach of contract and unjust enrichment.

According to the complaint, the plaintiff alleges the defendant contracted with BC Power to work on a project in Collier County, and it provided materials. The plaintiff holds Western Surety Co. and Brooks & Freund LLC responsible because Brooks allegedly did not pay BC Power for its work, and as a result, BC Power cannot pay the plaintiff for the materials. The suit states the total principal balance owed is $46,145.05.

The plaintiff requests a trial by jury and seeks payment for the unpaid principal, plus interest, attorneys' fees and costs, prejudgment and post-judgment interest. It is represented by Julie Huston Ellis of Butler Snow LLP in Memphis, Tennessee.

U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00211

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U.S. District Court for the Middle District of Florida, Fort Myers Division
2110 First Street
Fort Myers, FL 33901

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