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

XCEL FIRE PROTECTION, INC. V. TRICORE, 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: 
1:12-cv-10502 Search Pacer
ACE Group party(s): 
Opposing Party: 
Xcel Fire Protection, Inc.
Court Type: 
Federal
US District Court: 
Massachusetts District Court
Date Filed: 
Mar 19 2012

"COUNT ONE-CONTRACT
(Tricorc)

7. Xeel repeats and realleges paragraphs 1 through 6.

8. The subcontract price was $89,000.

9. Xcel and Tricore agreed to delete certain items of subcontract work, resulting in a net deduct of $5,640.

10. Xcel completed its remaining subcontract work.

11. The total of Xce!'s subcontract work is $83,360.

12. Tricore has paid Xcel nothing.

13. Tricore owes Xcel a principal balance of$83,360, plus interest on late payments and costs.

14. Xce! demanded payment, but Tricore failed to pay.

15. All conditions precedent to the maintenance of this action have been performed.

WHEREFORE, Xcel Fire Protection, Inc. demands judgment against Tricore, Inc. for its damages, plus interest, and costs.

COUNT TWO - OUANTUM MERUIT
(Tricore)

16. Xcel realleges paragraphs 1 through 6 and 9.

17. Xccl substantially completed in good faith its subcontract work, the fair value of which is $83,360.

18. Xeel realleges paragraphs 12 through 15.

WHEREFORE, Xeel Fire Protection, Inc. demands judgment against Tricore, Inc. for its damages, plus interest, and costs.

COUNT THREE - MILLER ACT
(Tricore and Westchester)

19. Xeel realleges paragraphs I through 18.

20. Ninety days have elapsed since Xcel performed the last of the labor or supplied the material for which claim is made.

21. This complaint was filed within one year after Xcellast furnished labor and materials for the Project.

WHEREFORE, Xcel Fire Protection, Inc. demands judgment against Tricore, Inc. and Westchester Fire Insurance Company, jointly and severally, for its damages, plus interest and costs. Dated: March 19,2012"

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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