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

L & W SUPPLY CORPORATION v. PIPELINE & INDUSTRIAL GROUP, INC. 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: 
2:13-cv-00295 Search Pacer
ACE Group party(s): 
Opposing Party: 
L & W Supply Corporation
Court Type: 
Federal
US District Court: 
Eastern District of Virginia
Date Filed: 
May 23 2013

"COUNT I
Breach of Contract
Pipeline

12. L&W Supply restates and incorporates the allegations contained in 1fl[ 1- 11 above as if fully set forth in this paragraph.

13. Pipeline has breached its contractual obligations to L&W Supply and has failed and refused, without legal excuse or justification, to make timely and proper payment as required by the terms and conditions of each of the applicable invoices and the Pipeline Credit Application, which breaches are material in nature.

14. As a direct, natural and proximate result of Pipeline's breaches of its contractual obligations, L&W Supply has sustained losses in the principal amount of $8,375.37.

WHEREFORE, L&W Supply demands judgment against Pipeline in the principal amount of $8,375.37, plus all applicable service charges and late fees, as well as all of it attorneys' fees, costs and expenses, plus pre- and post-judgment interest at the rate authorized by law from the date of each invoice which has not been paid in full, until paid.

COUNT II
Payment Bond Obligation
Pipeline and Westchester Fire

15. L&W Supply restates and incorporates the allegations contained in ffl[ 1- 14 above as if fully set forth in this paragraph.

16. In conjunction with the performance of its obligations to the United States under the general contract, and in accordance with 40 U.S.C. § 3133(b) of The Miller Act, Pipeline furnished its Bond in the amount of $610,222.56 issued by Westchester Fire, as surety, naming Pipeline as its principal and co-obligor, and the United States as its obligee.

17. The Bond was furnished for the protection of all persons and/or entities furnishing labor and materials for the prosecution of the work required by the general contract between the United States and Pipeline, including L&W Supply which had a direct contractual relationship with Pipeline and furnished directly to Pipeline materials for prosecution of the work on the Building Y-109 Project.

18. L&W Supply is a proper claimant under the Bond, is a member of the class entitled to assert a claim under the Bond, and has made a proper claim under the Bond.

19. At all times pertinent to this proceeding, the Bond was in full force and effect, and this Complaint has been filed within the time and in the manner required by law.

20. All conditions precedent, if any, to asserting a claim under the Bond have been satisfied and/or waived.

21. This Complaint has been filed and the cause of action asserted more than ninety (90) days, but less than one year after the date on which L&W Supply last furnished materials to Pipeline in connection with the Building Y-109 Project and for which L&W Supply claims payment.

22. Westchester Fire and Pipeline have failed and refused to fulfill their obligations under the Bond.

WHEREFORE, L&W Supply demands judgment against Pipeline and Westchester Fire, jointly and severally, in the principal amount of $8,375.37, plus all applicable service charges and late fees, as well as all of its costs, expenses and attorneys' fees, plus pre- and post-judgment interest at the rate authorized by law from the date of each invoice until paid.

COUNT III
Quantum Meruit
Pipeline and Westchester Fire

23. L&W Supply restates and incorporates the allegations contained in fl 1- 22 above as if fully set forth in this paragraph.

24. L&W Supply performed all conditions required of it and supplied all materials and other things requested by Pipeline in connection with the construction of the Building Y-109 Project and the performance of Pipeline's contractual obligations to the United States. Notwithstanding the performance of its obligations to Pipeline and the value ofthe improvements its services, materials and other things have added to the project, from which Pipeline has derived benefit, Pipeline has refused and otherwise failed to authorize full payment or otherwise pay for the materials and other goods provided by L&W Supply, yet has retained the benefit and use of those materials all to the detriment and at the expense ofL&W Supply.

25. Pipeline has been unjustly enriched since L&W Supply extended credit, and furnished materials and other goods enabling Pipeline to perform its contractual obligations to the United States on the Project, and from which it has received and retained substantial value, but for which L&W Supply has not been paid under circumstances in which justice demands that payment be made.

26. Both Pipeline and Westchester Fire, as its surety, are jointly and severally liable under the Bond for the materials L&W Supply furnished and any claims in quantum meruit.

WHEREFORE, L&W Supply demands judgment against Pipeline and Westchester Fire, jointly and severally, in the principal amount of $8,375.37, plus all applicable service charges and late fees, as well as all of its costs, expenses and attorneys' fees, plus pre- and post-judgment interest at the rate authorized by law from the date of each invoice until paid."

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.

Javascript is required to view this map.