PENSACOLA – A Georgia insurer alleges a Escambia County contractor failed to pay subcontractors and caused it to pay for its obligations under a bond.
American Southern Insurance Co. filed a complaint on Sept. 14 in the U.S. District Court for the Northern District of Florida against
G. B. Green Construction Management and Consulting Inc. and Gregory B. Green citing common law indemnity.
According to the complaint, the plaintiff alleges that on April 22, 2013, the defendants entered into a subcontract with Superior Construction Co. to perform work on a project for the Hurlburt Field entrance in Okaloosa County for the sum of $2,972,662.50. On Oct. 28, 2013, the plaintiff issued a subcontract payment and performance bonds in the amount of $1 million on the project, which named defendants as principal, plaintiff as surety and Superior as obligee, the suit states.
The plaintiff alleges that the defendants failed to timely perform its contractual obligations on the project and failed to pay material men, subcontractors and suppliers and that plaintiff was called upon to fulfill defendants' obligations under the bond. The plaintiff alleges it was caused to suffer expenses amounting to $1,287,310.70 plus interest, costs, and attorney's fees.
The plaintiff holds G. B. Green Construction Management and Consulting Inc. and Green responsible because the defendants allegedly failed to fulfill its obligations under contract and has caused plaintiff to sustain significant expenses.
The plaintiff requests a trial by jury and seeks judgment against the defendants in the amount of $1,287,310.70, plus interest, costs and attorney's fees. It is represented by James P. Green of Wright, Green PC in Mobile, Alabama.
U.S. District Court for the Northern District of Florida, Pensacola Division Case number 3:16-cv-00462