TAMPA — The U.S. government and a supplier have filed suit against several companies for alleged breach of contract and filature to pay for completed work.
The United States of America and Integrated Door Systems Inc. filed a complaint Sept. 12 in U.S. District Court for the Middle District of Florida, Tampa Division, against Archer Western Contractors Ltd., DeMaria Building Co., Archer Western/DeMaria JV II, Travelers Casualty and Surety Co. of America and Liberty Mutual Insurance Co., alleging that they breached their agreement with plaintiffs to promptly pay all dues.
According to the complaint, the plaintiffs allege that on Dec. 6, 2011, Integrated Door Systems Inc. entered into a subcontract with defendants Archer/DeMaria, who ventured together for their contract with the U.S. Department of Veterans Affairs for the construction of a mental health addition. The contract stated that the plaintiff allegedly was to provide labor and materials in exchange for certain amounts. Defendant Travelers and Liberty were liable to pay the plaintiff in the event of non-payment on behalf of defendants Archer/DeMaria, the plaintiffs' claim; however, the plaintiffs did not receive payment from any of the defendants despite completion of its role in the project.
The plaintiffs holds Archer Western Contractors Ltd., DeMaria Building Co., Archer Western/DeMaria JV II, Travelers Casualty and Surety Co. of America and Liberty Mutual Insurance Co. responsible because the defendants allegedly breached their obligation under the contract by not paying the plaintiff the full amount due, owing under the subcontract and breached their obligation under the bond by not paying despite demand.
The plaintiffs request a trial by jury and seek judgment against the defendants for damages, plus prejudgment interest, attorneys’ fees, costs and further relief as the court deems just. They are represented by James S. Myers and Angie M. VandenBerg of McRae & Metcalf in TAMPA.
U.S. District Court for the Middle District of Florida, Tampa Division, case number 8:16-cv-02627