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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

CIA CONSTRUCTION COMPANY v. WESTCHESTER FIRE INSURANCE COMPANY, et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:14-cv-01540 Search Pacer
ACE Group party(s): 
Opposing Party: 
CIA Construction Company
Court Type: 
Federal
US District Court: 
Eastern District of New York
Date Filed: 
Mar 7 2014

AS AND FOR A FIRST CAUSE OF ACTION
4. Plaintiff repeats and realleges each and every allegation set forth in
paragraphs 1 through 5 above as if more fully set forth herein.
5. Upon information and belief, on or about May 11, 2012, Atlas entered into a
written contract with the United States of America designated as Contract No.
W912PQ-12-C-0009, Proj. #WKVB082012, whereby Atlas agreed to furnish
labor, services and materials necessary for the public improvement known as
Repair High Speed Taxiway at Gabreski Field, Westhampton, New York,
(the "Project").
6. Upon information and belief, on or about May 15, 2012, Atlas, as principle
and Westchester, as surety, executed a payment bond (the "Bond" a copy
appended hereto as Exhibit "A"), pursuant to the provisions of the Miller Act,
whereby Atlas and Westchester bound themselves jointly and severally in the
sum of $ 3,093,783.00 to assure the payment by Atlas of the claims of all
person supplying labor and materials at the Project.
7. The Bond was accepted by the United States of America.
8. After entering into its contract with the United States of America, Atlas
entered into a Subcontract with CIA that required CIA to supply certain
equipment to the Project.
9. Over the course of the Project, CIA did supply certain equipment to the
project.
10. To date, the sum of $ 54,401.62 remains due and owing to CIA from Atlas.
11. CIA provided all of the equipment as required and has satisfied all of the
terms and conditions of its agreement to supply the equipment to the Project.
12. Within ninety days from the date on which CIA last provided equipment to
the Project, CIA provided written notice to Atlas of the monies due and owing
on the Project.
13. All of the equipment and labor furnished by CIA to Atlas were furnished
within the Eastern District of New York.
14. CIA furnished the last of its equipment and labor on the Project within one (1)
year of the filing of this Complaint.
15. All conditions precedent required by law or by the terms of the Bond have
occurred or have been complied with so that this action may be commenced
16. By reason of Atlas' failure to pay CIA in accordance with its agreement, and
by reason of the Bond, the Miller Act and the agreement(s) between Atlas and
CIA, Atlas, as principle and Westchester, as surety, have become jointly
indebted jointly and severally to CIA in the sum of $ 54,401.62 plus interest
and attorney's fees.

AS AND FOR A SECOND CAUSE OF ACTION
17. Plaintiff repeats and realleges each and every allegation set forth in
paragraphs 1 through 16 above as if more fully set forth herein.
18. The Agreement(s) entered into between Atlas and CIA required Atlas to pay
ICA for the equipment and labor that CIA provided to the Project.
19. Atlas failed to pay CIA in full for the equipment and labor provided.
20. Atlas failure to pay CA constitutes a breach of the Agreement(s) entered into
between Atlas and CIA.
21. By reason of the foregoing, Atlas is liable to CIA for breach of contract in the
amount of $ 54,401.62 plus interest and attorney's fees.

AS AND FOR A THIRD CAUSE OF ACTION
22. Plaintiff repeats and realleges each and every allegation set forth in
paragraphs 1 through 21 above as if more fully set forth herein.
23. That during the course of furnishing the equipment and labor to Atlas, CIA
did send invoices and statements of account to Atlas on a regular and timely
basis.
24. That upon information and belief, Atlas reviewed each periodic invoice and
accepted and retained said invoices and statements without objection.
25. That George Flopoulos, a principal of Defendants, repeatedly reassured
Vector that Defendants would remit the balance due and owing on or before
26. That the invoices and statements constituted an account stated to which Atlas
did not object.
27. That the invoices and statements showed a balance due and owing from Atlas
to CIA in the amount of $ 54,401.62.
28. By reason of the foregoing, Atlas is liable to CIA for account stated in the
amount of $ 54,401.62 plus interest and attorney's fees.
WHEREFORE, Plaintiff demands judgment against the Defendants as follows:
1. On the first cause of action against Defendants Westchester and Atlas on the
Miller Act Bond in the amount of $ 54,401.62 plus interest and attorney's
fees.
2. On the second cause of action against Defendant Atlas for breach of contract
in the amount of $ 54,401.62 plus interest and attorney's fees;
3. On the third cause of action against Defendant Atlas for account stated in the
amount of $ 54,401.61 plus interest and attorney's fees.
4. For such other and further relief as to this Court may seem just and proper.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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