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

USA v. SUNWIZE TECHNOLOGIES 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: 
4:14-cv-00119 Search Pacer
ACE Group party(s): 
Opposing Party: 
USA on behalf of Dougan Asphalt Paving Company Inc
Court Type: 
Federal
US District Court: 
Eastern District of Arkansas
Date Filed: 
Feb 27 2014

COMPLAINT
For its Complaint against Defendants, SunWize Technologies, Inc. ("SunWize")
and Westchester Fire Insurance Company ("Westchester"), Plaintiff, United States of
America f/u/b/o Dougan Asphalt Paving Company, Inc. ("Dougan"), states:
1. Dougan is an Arkansas corporation in good standing with its principal
place of business in North Little Rock, Pulaski County, Arkansas.
2. SunWize is a Delaware corporation with its principal place of business in
San Jose, California.
3. Westchester is a Pennsylvania corporation with its principal place of
business in a state other than Arkansas.
4. The construction project giving rise to Dougan's claim was situated in the
Eastern District of Arkansas, Little Rock Division.
5. This Court has jurisdiction over the subject of, and the parties to, this
action, and venue is proper, pursuant to 40 U.S.C. §3133(b).
6. On or about February 3, 2012, SunWize entered into a contract with the
United States of America to construct certain improvements generally described as
"Task Order VA701-12-F-0061" (the "Project").
7. On or about February 3, 2012, SunWize, as principal, and Westchester,
as surety, executed and delivered a payment bond to the United States of America in
connection with the Project. A true and correct copy of this payment bond is attached
hereto and incorporated by this reference as Exhibit "A".
8. On or about September 11, 2013, Dougan orally contracted with SunWize
to provide labor and materials to be used and incorporated into the Project. A
description of the work to be performed by Dougan and the price to be paid for such
work is set forth in the Invoice attached hereto and incorporated herein by this
reference as Exhibit "B".
9. Dougan has fully performed all work required by its oral contract with
SunWize and SunWize has been paid for such work by the project owner.
10. SunWize materially breached its contract with Dougan by failing to pay
Dougan according to the terms of the attached Exhibit "B".
11. More than 90 days have elapsed since Dougan provided the material and
services for which payment is sought herein.
12. Dougan is entitled to judgment against SunWize and Westchester in the
amount of $23,144.40, together with pre-judgment and post-judgment interest, its
costs and attorney's fees pursuant to the Miller Act and applicable law.
13. All conditions precedent to the enforcement of this Miller Act claim have
been satisfied.
WHEREFORE, Plaintiff, United States of America f/u/b/o Dougan Asphalt Paving
Company, Inc., prays for judgment against Defendants, SunWize Technologies, Inc.
and Westchester Fire Insurance Company, in the amount of $23,144.40, together with
pre-judgment and post-judgment interest, its costs and attorney's fees and for all
further relief to which it may be entitled.

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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