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

UNITED STATES OF AMERICA et al v. APPLIED ENERGY MANAGEMENT, INC. et al Defendant Counterclaim

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.

Embedded Scribd iPaper - Requires Javascript and Flash Player
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA for the use of RAGAN MECHANICAL, INC., Plaintiff, vs. APPLIED ENERGY MANAGEMENT, INC., Defendant/Counter Plaintiff, and WESTCHESTER FIRE INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Docket No. 3:11-cv-00199
COUNTERCLAIM Come the Defendant, APPLIED ENERGY MANAGEMENT, INC., by and through counsel, pursuant to Rule 13 of the Federal Rules of Civil Procedure and files its counterclaim against Ragan Mechanical, Inc. as follows: 1. That prior to November 1, 2009, Counter-Plaintiff, Applied Energy Management,
Inc., entered into a contract with Johnson Controls, Inc. concerning construction at the Oak Ridge National Laboratory- Melton Valley Steam Plant Project. That under the terms and conditions of the contract between Counter-Plaintiff and Johnson Controls, Inc., Johnson Controls, Inc. had the authority to assess contractual damages against Applied Energy Management, Inc. as a result of delays in the project completion and lost construction period savings.
Case 3:11-cv-00199 Document 12
Filed 05/26/11 Page 1 of 4 PageID #: 89
2.
On or about November 1, 2009 the Counter-Plaintiff, Applied Energy
Management, Inc., entered into a subcontract with the Counter – Defendant, Ragan Mechanical, Inc. concerning a portion of the construction at the Oak Ridge National Laboratory- Melton Valley Steam Plant Project as defined by a Scope of Work and Change Orders. A complete copy of the Subcontract and Change Orders are attached hereto as Exhibit A. 3. That under the terms and conditions of the Subcontract agreement between
Counter-Plaintiff and Counter-Defendant, the following is provided: Paragraph 24. Subcontractor shall be liable to contractor for any damages suffered by contractor by reason of such delay and contractor shall and may deduct the amount of such damages out of money which may be due or become due under this contract. 4. That as a result of project delays and lost construction period savings caused by
the Counter-Defendant, Johnson Controls, Inc. assessed contractual damages against Applied Energy Management, Inc. 5. That damages assessed by Johnson Controls, Inc. against Applied Energy
Management, Inc. as a result of project delays and lost construction period savings were directly and proximately caused by Counter-Defendant’s failure to maintain the project schedule and failure to complete the Melton Valley Steam Plant Project within the time frame defined by the Subcontract agreement. 6. As a direct and proximate result of the negligence and breach of contract by
Counter-Defendant, Counter Plaintiff experienced compensatory damages all for which the Counter-Defendant is liable to the Counter-Plaintiff. 7. Pursuant to the terms of the Subcontract agreement between the Counter-Plaintiff
and Counter-Defendant, the following is provided:
Case 3:11-cv-00199 Document 12
Filed 05/26/11 Page 2 of 4 PageID #: 90
If either party is required to commence legal proceedings to enforce any provisions of this Agreement or to protect its interest in any manner arising under this Agreement, the party prevailing in such proceedings shall be entitled to reimbursement for all reasonable costs and expenses, including attorney’s fees, included in such proceeding. Any dispute concerning the amount of such fees, costs and expenses to which the prevailing party is entitled shall be independent of the dispute that gave rise to the entitlement and its resolution shall be subject to the disputes clause of this Agreement. 8. That as a result of the Counter-Defendant’s negligence and breach of contract, the
Counter-Plaintiff has incurred attorney’s fees in an effort to protect the Counter-Plaintiff’s interests in all manners arising from the subcontract agreement. WHEREFORE, the Counter-Plaintiff prays as follows: a. according to law; b. that the Counter-Plaintiff be awarded compensatory damages in an amount that Counter-Defendant be required to answer this Counter-Complaint
not to exceed $500,000.00 plus prejudgment interest as provided by law, reasonable attorney’s fees incurred, and all reasonable costs and expenses incurred by Applied Energy Management, Inc. in this action.
Respectfully submitted, TRAMMELL, ADKINS & WARD, P.C.
s/
Terrill L. Adkins Terrill L. Adkins, BPR #013138 Attorney for Defendants P.O. Box 51450 Knoxville, Tennessee 37950 865/330-2577
Case 3:11-cv-00199 Document 12
Filed 05/26/11 Page 3 of 4 PageID #: 91
CERTIFICATE OF SERVICE I hereby certify that on 5-26-2011 a copy of the foregoing pleading was filed electronically. Notice of this filing will be sent by operation of the court’s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court’s electronic filing system.
TRAMMELL, ADKINS & WARD, P.C.
s/
Terrill L. Adkins Terrill L. Adkins
Case 3:11-cv-00199 Document 12
Filed 05/26/11 Page 4 of 4 PageID #: 92
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 1 of 34 PageID #: 93
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 2 of 34 PageID #: 94
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 3 of 34 PageID #: 95
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 4 of 34 PageID #: 96
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 5 of 34 PageID #: 97
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 6 of 34 PageID #: 98
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 7 of 34 PageID #: 99
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 8 of 34 PageID #: 100
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 9 of 34 PageID #: 101
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 10 of 34 PageID #: 102
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 11 of 34 PageID #: 103
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 12 of 34 PageID #: 104
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 13 of 34 PageID #: 105
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 14 of 34 PageID #: 106
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 15 of 34 PageID #: 107
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 16 of 34 PageID #: 108
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 17 of 34 PageID #: 109
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 18 of 34 PageID #: 110
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 19 of 34 PageID #: 111
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 20 of 34 PageID #: 112
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 21 of 34 PageID #: 113
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 22 of 34 PageID #: 114
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 23 of 34 PageID #: 115
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 24 of 34 PageID #: 116
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 25 of 34 PageID #: 117
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 26 of 34 PageID #: 118
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 27 of 34 PageID #: 119
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 28 of 34 PageID #: 120
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 29 of 34 PageID #: 121
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 30 of 34 PageID #: 122
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 31 of 34 PageID #: 123
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 32 of 34 PageID #: 124
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 33 of 34 PageID #: 125
Case 3:11-cv-00199 Document 12-1
Filed 05/26/11 Page 34 of 34 PageID #: 126

Published under a Creative Commons License By attribution, non-commercial
AttachmentSize
United States v Applied Energy Defendants Applied Energy Counterclaim.pdf3.22 MB

Like us on facebook!