PENSACOLA – A subcontractor for a federal project in Okaloosa County alleges it wasn't paid for its work.
The United States of America for the use and benefit of Zebra Technical Services LLC filed a complaint on Oct. 7 in the U.S. District Court for the Northern District of Florida, Pensacola Division against Bhate Environmental Associates Inc. and Lexon Insurance Co. citing the Miller Act.
According to the complaint, the plaintiff alleges that Zebra Technical Services LLC entered into a subcontract with Bhate on July 2, 2015, to perform work and deliver materials for plaintiff's agency, Air Force Civil Engineer Center, which was under a payment bond guaranteed by Lexon as surety and Bhate as principal.
The suit states that 90 days have passed since Zebra last performed work and provided materials to the project, but the principal balance of $34,931 due to Zebra remains unpaid to date.
The plaintiff holds Bhate Environmental Associates Inc. and Lexon Insurance Co. responsible because the defendants allegedly refused to honor their duties under contract and bond to pay for the labor and materials provided to and incorporated into the project.
The plaintiff requests a trial by jury and seeks judgment against defendants for the sum of $34,931 in principal, plus interests, costs, attorney’s fees and additional relief as deemed just. They are represented by Kristen S. Cross of Sirote & Permutt PC in Pensacola.
U.S. District Court for the Northern District of Florida, Pensacola Division Case number 3:16-cv-00537